Agenda packet, regular meeting — West Covina City Council, September 5, 2023 (part 2 of 3)

City of West Covina
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2. Management New Hires
Each management employee shall be granted, upon completion of one year of employment, at the employee’s first anniversary date, a maximum of 160 hours of vacation leave with pay. Additional vacation, based on length of service, will accrue pursuant to these rules.

3. Reinstated/Reemployed Employees
Any employee who is reinstated or reemployed under the provisions of these rules shall accrue vacation at the same time as prior to his/her termination.

4. Ineligible Employees
No vacation with pay is allowable to part-time, emergency relief, seasonal, temporary, or extra help employee, nor to employees paid solely on an hourly or daily basis. Provided, however, that a temporary employee who is filling a position in which a person on military leave has regular classification and the right to return, shall be entitled to the same vacation as he/she would have been entitled to had he/she not been on temporary employment.

B. Vacation Use

1. New employees – Upon completion of six (6) consecutive months of service, may be credited with one-half of the annual vacation earnings, and may begin using such accrual. Thereafter, employees may use vacation as they complete each month of service.

2. It is the policy of the City that where possible, vacation be taken in the year earned. Upon approval of the department head, vacation leave may be accumulated to a maximum of 160 hours added to an amount equal to the monthly accrual rate multiplied by 12.

3. The time during the year at which an employee may take his/her vacation shall be determined by the appointing authority of such employee with due regard to the wishes of the employee and particular regard for the needs of the service.

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4. If a holiday falls within a scheduled vacation period, 8 additional hours of vacation shall be granted.

5. The Division Managers shall fix vacation periods for department heads.

C. Payment for Unused Vacation

1. Any employee who terminates his/her employment, shall be paid for accrued vacation time on the effective date of termination.

Upon request of the employee and the department head and with approval of the City Manager, in order to address unusual or emergency conditions, an employee may be paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such payment shall be for no more than 40 hours in any one calendar year, except as otherwise provided herein or as set forth in a Memorandum of Understanding.

2. Management Employees
a. Management employees with less than five years City service, exempt or non-exempt, may receive payment in lieu of up to 80 hours of accumulated vacation time in any calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.
b. Management employees with five or more years of City service, exempt or non-exempt, may receive payment in lieu of up to 120 hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.

3. Confidential Employees
a. Confidential employees with less than five years City service, exempt or non-exempt, may receive payment in lieu of up to 40 hours accumulated vacation time in any calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.

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b. Confidential employees with five or more years of City service, exempt or non-exempt, may receive payment in lieu of up to 80 hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.

D. Advance Payment of Vacation
Any employee who is authorized to take 40 or more hours, (2-1/2 shifts for fire suppression employees) of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the employee's authorized vacation. The application must be approved by the employee's department head and filed with the Finance Director at least seven (7) days before the vacation period for which the salary advance is requested. In cases of extreme emergency where the employee is unable to give the required notice, approval for an advance vacation check may be given where such request can be justified to, and approved by, the department head, division manager, and Finance Director.

SEC. 10.5 SICK LEAVE
A. Allowance/Accumulation
Following completion of thirty (30) days of full-time service, each City employee shall receive 3.69 hours per pay period of sick leave pay. Thereafter, for each pay period of service in which the employee has worked or has been paid for one-half (1/2) or more of the actual number of working days of such month, he/she shall continue to accrue 3.69 hours of credit for sick leave with pay. Unused sick leave may be accumulated without limit.

A part-time, seasonal or temporary employee who for 30 or more days within a year from the beginning of employment is entitled to paid sick leave. Paid sick leave accrues at the rate of one hour per every 30 hours worked, paid at the employee’s regular wage rate. Accrual shall begin on the first day of employment.

A part-time, seasonal or temporary employee may use accrued paid sick days beginning on the 90th day of employment.

B. Reinstatement of Sick Leave
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1. Any employee who is reinstated under the provisions of these rules shall be given full credit for his/her unused accumulated sick leave at the time of termination provided, however, that no payoff for accumulated sick leave was received upon termination.

2. Applicable only to non-public safety employees. Upon reemployment, an employee will have sick leave time reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In the event that through the course of continued employment accumulated sick leave exceeds 320 hours, payoff for such excess accumulations shall be in accordance with the payoff provisions of the program, but in no case shall the aggregate of such amount(s) exceed that provided by the policy.

C. Use of Sick Leave

1. Purposes for Sick Leave
Sick leave is paid leave from work that an employee may use for the following purposes:

1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent-in-law; a spouse; a registered domestic partner; a grandparent; a grandchildren; sibling; or designated person; or

2. For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities: (1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center, or (3) participate in safety planning or other actions to increase safety.

2. Immediate Family
No more than 48 hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon members of his/her immediate family and not more than 40 hours (or three shifts for fire platoon City of West Covina
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employees) of sick leave within any calendar year may be granted to an employee for each absence due to death of his/her immediate family.

The phrase “immediate family” for the use of sick leave, is defined as grandparent, parent, spouse, registered domestic partner, parent-in-law, child, stepchild, grandchild, brother, or sister.

3. Temporary Disability
A city employee who is entitled to temporary disability indemnity under Div. 4, of the State Labor Code may elect to take that number of days or portions of days of his/her accumulated sick leave, or his/her accumulated vacation, as when added to his/her disability indemnity will result in payment to him/her of his/her full salary. When his/her accumulated sick leave, or vacation, or both are exhausted, he/she is still entitled to receive disability indemnity.

4. Sick Leave Exemptions
An employee may not be entitled to sick leave with pay while absent from duty on account of the following causes:
a. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave.
b. Disability or illness arising from compensated employment other than with the City of West Covina.

5. Sick Leave During Vacation
Sick leave shall not be used in lieu of or in addition to vacation. However, an employee who becomes seriously ill on an approved vacation may contact his/her department head and request that sick leave be granted in lieu of vacation for the period of illness. The department head has discretion in approving or disapproving such request.

6. Holiday During Sick Leave
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Observed holidays occurring during sick leave shall not be counted as a day of sick leave.

7. Use of Sick Leave to Offset Disability Retirement
No employee shall use sick leave days to offset the date of disability retirement. The effective date of disability retirement shall be as soon as practicable after the City’s physician has determined that the employee can no longer perform the duties of his/her or an alternate position.

D. Proof of Illness or Injury
The department head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of reason for any employee's absence of three (3) or more consecutive working days for which sick leave was requested.

E. Sick Leave Pay-Off Upon Termination

1. Employees in the Communications, General, and Maintenance classifications, upon termination of continuous service, other than by discharge, shall be paid for 50 percent of all sick leave accrued to the time of such termination which is in excess of 320 hours, but does not exceed a maximum accrual of 800 hours.

2. Management and Confidential and employees in position classifications in the Police representation unit, upon death, retirement, or voluntary termination, shall be paid 1/3 of their accumulated and unused sick leave up to a maximum of 400 hours provided, however, that no eligibility for payoff of unused sick leave exists for employees terminating prior to three years of full-time employment with the City.

SEC. 10.6 BEREAVEMENT LEAVE
Bereavement – 40 hours (3 shifts for fire platoon/shift employee) of said leave per calendar year will be available to an employee in the event of the death of said employee’s City of West Covina
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“immediate family”, which is defined as grandparent, parent, spouse, registered domestic partner, parent-in-laws, child, stepchild, grandchild, brother or sister. The program is supplemental to the current sick leave program.

SEC. 10.7 MILITARY LEAVE
Military leave with pay shall be granted in accordance with Section 395 of the Military and Veteran's Code.

Any employee who is on temporary military leave of absence for military duty ordered for purposes of active military training, encampment, naval cruises, special exercises, or like activity as such member, provided that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty, but not for inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken for a period not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his/her salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one-year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.

SEC. 10.8 JURY DUTY, WITNESS LEAVE
A. Jury Duty

1. No deductions shall be made from the salary of an employee while on jury duty if he/she has waived or remitted to the City the fee for jury duty paid for hours the employee is scheduled to work. If he/she has not so waived or remitted the jury fee, he/she shall be paid only for the time actually worked in his/her regular position. An employee accepted for jury duty shall immediately notify his/her department head in writing whether or not he/she waives or remits his/her jury fee to the City.

2. The City will grant an employee required to serve on jury duty, or to report for examination to serve on jury duty, one time for a maximum of 160 hours, paid leave for such purposes during any three consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City." Administrative procedures will govern implementation of this program.

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B. Witness Leave
An employee who is subpoenaed or required to appear in court as a witness on job related matters shall be deemed to be on paid leave of absence, while actually in court. Any notification of such appearance shall immediately be reported to the employee’s supervisor for supervisor approval prior to the appearance. The employee shall remit to the City Treasurer all fees received related to the appearance, except mileage
SEC. 10.9 FAMILY AND MEDICAL CARE LEAVES
A. Statement of Policy; Concurrent Running of FMLA and CFRA Leaves The City provides family and medical care leave for eligible employees as required by State and federal law. Employees who misuse or abuse family and medical care leave may be disciplined up to and including termination.

Employees who fraudulently obtain or use CFRA leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.

This Policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the California Family Rights Act (“CFRA”). Unless otherwise stated in this Policy, “Leave” means leave pursuant to the FMLA and CFRA.

Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently.

B. Definitions
(a) “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
(b) “Single 12 Month Period” means a 12-month period, which begins on the first day the eligible employee takes FMLA leave to take care of a covered servicemember and ends 12 months after that date. (c) “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling.
(d) “Child”
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1) Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or stepchild. A child is “incapable of self care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.
2) Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, stepchild, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
(e) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
(f) “Parent-in-law” means the parent of a spouse or the domestic partner of the employee.
(g) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.
(g) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(h) "Grandparent” means a parent of the employee’s parent. (i) “Grandchild” means a child of the employee’s child.

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(j) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
(k) “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits him or her to the facility with the expectation that he or she will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care.

Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy City of West Covina
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is entitled to pregnancy leave. (See Policy 808, Leave Because of Pregnancy, Childbirth, or Related Medical Condition.) 4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (l) “Health Care Provider” means:
1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual City of West Covina
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manipulation of the spine to correct a subluxation as
demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4) Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. (m)“Covered active duty” means: 1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or 2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. (n) “Covered Servicemember” means: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
(o) “Outpatient Status” means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (p) “Next of Kin of a Covered Servicemember” means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or City of West Covina
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statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
(q) “Serious Injury or Illness” means: 1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered servicemember incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating; or 2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

C. Reasons for Leave
Leave is only permitted for the reasons listed below.
(a) The birth of a child or to care for a newborn of an employee; ; (b) The placement of a child with an employee in connection with the adoption or foster care of a child;;
(c) Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition; ;
(d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or designated person who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;
(e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of his/her position;
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(f) Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation ;
(g) Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered servicemember of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period; or
(h) Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

D. Employees Eligible For Leave
An employee is eligible for leave if:
(a) The employee has been employed by the City for at least 12 months; and
(b) The employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and
(c) The City directly employs at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. This criteria is not required and does not apply for an employee to be eligible CFRA leave.

E. Amount of Leave
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Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered servicemember) of leave during any 12-month period.

If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

F. Minimum Duration of Leave
(a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two weeks duration on any two occasions.
(b) If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee him/herself with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this Policy is required.

G. Parents both Employed by the City of West Covina
If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:

1. The aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12-month period; and

2. Each parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.

If both parents of a covered servicemember are employed by the City and are entitled to leave to care for a covered servicemember, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the 12-month period. This limitation does not apply to any other type of leave under this Policy.

H. Employee Benefits While On Leave
(a) Group Health Insurance During Unpaid Leave: Leave under this Policy is unpaid. While on unpaid leave, employees will continue to be covered by the City’s group health insurance for up to 12 weeks each leave year to the City of West Covina
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same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).
(b) Benefit Plans Not Provided through the City’s Group Health Plan During Unpaid Leave Do Not Continue: The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City’s benefit plans that are not provided through the City’s group health plans while the employee is on unpaid leave.
(c) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using his or her paid leave) or direct payments (if the employee is not using his or her paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave. (d) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City 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 of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.

I. Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.

J. City’s Right to Require an Employee to use Paid Leave when using FMLA/CFRA Leave
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Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two exceptions:
(a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
(b) An employee must agree to use accrued sick leave to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild or sibling.

K. City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with Other Leaves
If an employee takes a leave of absence for any purpose, which also qualifies under both the FMLA and/or CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement.

L. City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.

M. Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition City of West Covina
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commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of his or her position. Upon expiration of the time period the health care provider originally estimated that the employee needed for his/her own serious health condition, the employee must obtain recertification if additional leave is requested.
(b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, sibling or designated person who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, sibling or designated person, and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, spouse domestic partner, grandparent, grandchild, sibling or designated person. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested. (c) Servicemember Serious Injury or Illness: Employees who request FMLA leave to care for a covered servicemember who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured servicemember’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.
(d) Qualifying Exigency: The first time an employee requests FMLA leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation City of West Covina
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shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA regulations.

N. Time to Provide a Medical Certification
When an employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.

O. Consequences for Failure to Provide an Adequate or Timely Certification If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency.

However, if an employee fails to provide a medical certification within the time frame established in this Policy, the City may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

P. Personnel Officer’s Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition
(a) Complete and Sufficient: The employee must provide a certification for his or her own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Personnel Officer will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
(b) Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing City of West Covina
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the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.

Q. Second and Third Medical Opinions For Employee’s Own Serious Health Condition If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

R. Intermittent Leave or Leave on a Reduced Leave Schedule If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for his or her own serious health condition, or to care for an immediate family member with 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 leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.

S. Employee Notice of Leave
Although the City are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 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 day(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. For foreseeable leave due to a qualifying exigency, an employee must provide City of West Covina
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verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

T. Reinstatement Upon Return From Leave
(a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
(b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. (c) Employee’s Obligation to Periodically Report on His/Her Condition:

Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
(d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform his or her job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
(e) Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon expiration of CFRA leave.

U. Required Forms
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Employees must complete the applicable forms to receive family and medical care leave. The forms may be found at Human Resources.

SEC. 10.10 LACTATION POLICY
A. Lactation Break Time and Location
The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.

Those desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.

The City will provide a room or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
• Be shielded from view and free from intrusion while being used to express milk; • Be safe, clean, and free of hazardous materials;
• Contain a surface on which to place a breast pump and personal items; • Contain a place to sit; and
• Have access to electricity needed to operate an electric battery-powered breast pump.

An employee occupying such private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.

The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area.

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B. Lactation Accommodation
An employee may make a request for lactation accommodation, either orally or in writing, with the Personnel Office.

Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.

An employee does not believe that the City is providing an appropriate lactation accommodation should immediately inform the Personnel Office.

An employee who does not believe that the City is providing an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.

SEC. 10.11 WORK RELATED DISABILITY LEAVE
A. Entitlement to Leave
Whenever any employees of the City are disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall be entitled, regardless of their period of service with the City, to leave of absence while so disabled, without loss of salary - temporary disability compensation, if any, being considered as and credited to salary for this purpose - for the period of such disability, but not exceeding one year, or until such earlier date as they are determined to be permanent and stationary and unable to return to their usual and customary duties; and the leave of absence, hereby granted shall be in addition to, and shall not be charged to or deducted from, accumulated sick leave except as provided herein. Such leave, however, shall not be paid for more than three days unless and until such employees are determined by the City to be legally entitled to receive benefits under the Worker's Compensation Law of the State of California based upon such injury or illness. When and while applicable, this section shall supersede the provisions of the Grievance Procedure.

B. Salary Step Increases During Leave (CC Action 1/8/02) Relative to non-public safety employees, (1) promotion or step increases which would have come due during a disability leave shall take effect upon the day the City of West Covina
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employee returns to regular duties in accordance with existing rules; (2) holidays occurring during disability shall not be counted as disability leave days, but shall be considered as holidays for which time off has been utilized; and (3) vacation and sick leave benefits shall continue to accrue during periods of industrial disability leaves.

C. Review of Safety Committee
The first three (3) days of absence of a non-public safety employee due to a disability shall be charged to the employee's usable accumulation of sick leave or other time off benefits; provided, however, that the Safety Committee or its sub-committee, upon request of the employee, shall review the circumstances of the injury. If the Safety Committee rules that the employee had no possible opportunity to prevent or reduce the injury through any alternative action, disability time off charged to the employee's time off benefits may be restored. Such restorations shall be limited to causes where no danger could have been anticipated or precautions and actions taken by the employee to prevent or reduce the injury.

Appeal of Safety Committee determinations provided for in this section shall be made to the City Manager, whose decision shall be final.

D. Paid Leave During Disability
No sworn members of the Police and Fire Departments, while on or entitled to disability leave of absence, shall suffer the loss of any vacation, sick leave, or increase in compensation which would have accrued, or to which he/she would have been entitled, if he/she were actually performing his/her duties.

E. Probation During Disability
Probationary employees on temporary disability due to work incurred or related injury/illness shall not progress towards the completion of the probationary period while on such temporary disability leave.

SEC. 10.12 SPECIAL LEAVE OF ABSENCE WITH PAY
When an employee has exhausted all sick leave and vacation time to which he/she is entitled, the City Council may, upon a showing of good cause and justifiable and City of West Covina
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deserving circumstances, grant to such employee a leave of absence with pay for a period not exceeding six months and subject to such conditions as the City Council may deem advisable. If temporary disability payments are paid to such employee during any such leave of absence with pay, they shall be credited to and considered a part of his/her salary, and the City shall pay only the difference which when added thereto would equal his/her full salary.

SEC. 10.13 LEAVES OF ABSENCE WITHOUT PAY
A. Unauthorized Absence – Automatic Termination
Any employee absent from his/her job for more than (2) working days without prior permission of the department head, shall be considered to have automatically terminated his/her employment with the City.

B. Unauthorized Absence – Other Disciplinary Action
Any unauthorized absence may be cause for disciplinary action as provided in these rules.

C. Authorized Absence

1. Upon the request of the employee and the recommendation of the appointing authority, a leave of absence without pay may be granted by the Council or City Manager to an employee, who immediately preceding the effective date of such leave, shall have completed at least one year of continuous service.

2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason.

3. If the leave without pay request is in relation to a disability accommodation, then the leave will be determined through the interactive process on a caseby-case basis without aforementioned restrictions.

D. Non-Medical Leave of Absence Without Pay - Duration

1. Request for leave of absence without pay shall be made as prescribed by the Personnel Officer, and shall state specifically the reason for the request, City of West Covina
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the date when it is desired to begin the leave, and the probable date of return. The Personnel Officer will transmit the request to the Council, in the case of leaves of more than one hundred twenty (120) calendar days. A request for a leave of one hundred twenty (120) calendar days or less may be approved by the City Manager upon recommendation of the appointing authority.

2. A leave of absence without pay may be granted by the Council for a period not to exceed one year provided that the Council may extend such leave for an additional year.

E. Military Leave
The Council may grant a military leave of absence without pay for an indefinite period of time to any employee who is called into active military service even though the employee does not meet the one (1) year of continuous service requirements specified in Section 10.7.

F. Leave of Absence - Injury
The Council may grant a leave of absence without pay for an indefinite period of time to any employee who is injured on the job, or has a serious illness even though the employee does not meet the one year of continuous service requirements as specified in Section 10.35.C.

G. Accrual Benefits
Leave of absence without pay granted by the Council shall not be construed as a break in service or employment, and rights accrued at the time of leave is granted shall be retained by the employee; However, vacation credits, sick leave credits, increases in salary and other similar benefits shall not accrue to a person granted such leave during the period of absence. An employee reinstated after leave of absence without pay shall receive the same step in the salary range he/she received when he/she began his/her leave of absence. Time spent on such leave without pay shall not count toward service for increases with in the salary range, City of West Covina
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and the employee's salary increase anniversary date shall be set forward one month for each thirty (30) consecutive days taken.

SEC. 10.14 FAILURE TO RETURN FROM LEAVE
A. Failure of the employee to return to his/her employment upon the termination of any authorized leave of absence shall constitute an automatic termination from City service of that employee, unless such leave is extended.

B. The Council reserves the right to revoke or cancel any authorized leave for reasons which said Council finds to be sufficient.

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RULE XI – LAYOFF/REEMPLOYMENT
SEC. 11.1 ELIMINATION OF POSITIONS
Public interest may require elimination or curtailment of a public service activity which may, therefore, require the layoff of one or more employees. The following procedure is intended to provide primary consideration to seniority of service.

SEC. 11.2 LAYOFF PROCEDURE
A. Seniority
Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classes regardless of department to which assigned. When employees have equal seniority for retention in a class, the employee with the greater amount of seniority credit with the City shall have the highest retention priority. "Seniority credit with the City shall be defined as the length of continuous service from the last date of hire by the City, including time spent in the San Gabriel Valley Fire Authority. If a tie occurs, priority shall be determined on the basis of the employee's rank on the certified eligibility list at the time of appointment to that class.

B. Employees will be laid off on the least seniority bases in order of the following categories, completely exhausting each before proceeding to the next.

1. Temporary, seasonal and provisional non-regular employees.

2. Probationary, full-time employees in the classified service.

3. Regular, classified full-time employees.

C. When a position within a class is abolished, the following steps shall be observed:

1. The names of all employees occupying positions in said class shall be listed in the order of their lengths of service in said class or in higher or equal classes.

2. If on this list there is included the names of any probationary or otherwise non-regular employees, the appointing authority shall choose an employee City of West Covina
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from the three with the least seniority to be laid off for each position to be abolished. The provision of paragraph 4 shall apply to these laid off employees who hold regular status in a lower class.

3. The appointing authority shall base the layoff decision on quality of service and seniority. If one layoff is to be made, then the three lowest seniority employees will be considered. If more than one layoff is to be made, the number of employees lowest in seniority equal to the number of layoffs, plus two, will be considered.

4. An employee laid off under the provisions of paragraph 2 who holds regular status in a lower class, may request demotion to a position in said lower class or equivalent class in order to avoid layoff. If the employee makes such request, a list of employees as prescribed in paragraph 1 shall be prepared and subject employee shall have his/her name placed among the other names on said list according to his/her seniority. Thereafter, the appointing authority shall choose an employee to be laid off according to the provisions of paragraphs 2 and 3.

5. An employee laid off, under the provisions in paragraph 4 may request demotion to a position in any lower class within the same series as, or an equivalent series to, that within which he/she held his/her position. If the employee makes such request, thereafter the same provisions as stipulated in paragraph 4 with respect to the preparation of a list of employees and the selection of an employee to be laid off shall apply.

6. In the case of layoffs necessitated by demotion under the above outlined procedures, the same general provisions as outlined above shall apply in laying off employees in the lower class.

7. In the case of any questions as to the equivalency of classes for the purpose of preparing the lists prescribed above, the Personnel Officer, having responsibility for the maintenance and application of the classification plan, shall render his/her judgment and such judgment shall be final.

D. Written Notice of Layoff
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1. Any employee to be laid off will be given written notice of layoff not less than fourteen (14) calendar days prior to the effective date of such layoff.

2. An employee so notified will be provided with three (3) working days to respond/appeal the City's layoff notice. The employee must request an appointment with the Personnel Officer for an informal pre-layoff review meeting within three (3) working days for the City’s layoff notice. The Personnel Officer’s decision is final.

3. Upon receipt of notice of layoff and in order to avoid layoff, an employee may request a demotion in writing to the Personnel Officer within three (3) working days of receipt of layoff notice.

E. Specially Funded Positions

1. When a position is created and is funded by a grant of funds from the State or the Federal government, the position shall be automatically abolished when the funding is terminated. The incumbent of the position shall be laid off on the date upon which the position is abolished and the layoff procedures prescribed in these rules are applicable and shall be followed.

2. Any employee hired or promoted to fill a vacancy in a regular full-time City position resulting from the assignment of a regular employee to a specially funded position, may be demoted or laid off in accordance with this procedure at the time the regular employee returns to his/her former position.

SEC. 11.3 REEMPLOYMENT
A. Reemployment List

1. The reemployment list shall consist of the names of regular employees who have been laid off for lack of work, lack of funds from a position in the same class, or an equivalent class, or that in which the vacancy exists.

2. Such names shall be placed on the reemployment list in reverse order of layoff. Last employee laid off is the first employee on the reemployment list with other laid off employees in sequential order thereafter.

3. Employees whose positions have been reallocated to a lower class, but who have not been demoted for cause, shall also have their names placed on the reemployment list for the class from which their position was reallocated.

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4. Reemployment lists shall be certified by the Personnel Officer and shall be valid for one year from date of layoff.

B. Appointments
The appointing authority shall select from among the three highest available and qualified on the reemployment list. Qualifications shall be determined by the last performance evaluation.

C. Prior Service
For the purpose of computing total seniority with the City, an employee reemployed shall have the same prior service credited to them as they had at the time of layoff.

D. Anniversary Date
Upon reemployment, an employee shall be credited with the same portion of a year as that credited at the time of layoff for purposes of establishing a new anniversary date for step and merit increase eligibility.

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RULE XII – SEPARATIONS/RETIREMENT
SEC. 12.1 RESIGNATIONS
A resignation in good standing shall require the submittal by the employee of a notice of planned resignation. Once submitted a resignation notice may not be withdrawn without the approval of the appointing authority.

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RULE XIII – OUTSIDE EMPLOYMENT
SEC. 13.1 POLICY
A city officer or employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his/her duties, functions, or responsibilities of his/her appointing authority or the department in which he/she is employed, nor shall he/she engage in any outside activity which will directly, or indirectly, contribute to the lessening of his/her effectiveness as a City employee.

SEC. 13.2 SALARY ON NON-DISCIPLINARY DEMOTION
A. Any officer or employee wishing to engage in an occupation or outside activity for compensation, shall inform the appointing authority of such desire, providing information as to the time required and nature of such activity and such other information as may be required, and the appointing authority shall determine whether or not said outside activity is compatible with the employee's City employment.

B. If the appointing authority determines such activity is compatible, he/she may authorize the activity in writing using the “Outside Employment Form” and sending a copy to the Personnel Office.

C. Said authorization shall be valid only for work and period prescribed herein.

SEC. 13.3 DETERMINATION OF INCONSISTENT ACTIVITIES
In making a determination as to the consistency or inconsistency of outside activities with City employment, the appointing authority shall consider, among other pertinent factors, whether the activity:

A. Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one’s City office or employment.

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

C. Involves conditions or factors which would probably directly or indirectly lessen the efficiency of the employee in his/her regular City employment, or conditions in which a substantial danger or injury or illness to the employee.

D. Involves the performance of an act in other than his/her capacity as a City officer or employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such officer or employee or the department in which he/she is employed.

SEC. 13.4 INJURIES RELATED TO OUTSIDE EMPLOYMENT
The City will investigate injuries to determine if they were sustained or aggravated by outside employment. The determination that an employee's injury was sustained or aggravated by outside employment may impact eligibility for Workers' Compensation and rights under Section 4850 of the Labor Code of the State of California City of West Covina
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RULE XIV – DISCIPLINARY ACTIONS
SEC. 14.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause. The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. Progressive discipline is to be used to assist employees in improving their performance and correcting deficiencies. There may be instances that require proceeding directly to more severe levels of discipline; and the City reserves the right to proceed to any level of discipline, including termination. Cause may include violation of the Personnel Ordinance or of these rules or any rules and for regulations of the Department or the personnel thereof, any act of insubordination or act detrimental to the public service, or any departmental policy or rule failure, refusal or inability to comply with the duties of the position occupied by the employee, or any other type of misfeasance, malfeasance or nonfeasance relating to his/her duties, office or position. Should there be an investigation to support the disciplinary measure, such investigation shall consider all relevant evidence as the investigator sees fit.

B. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures.

SEC. 14.2 AUTHORITY FOR DISCIPLINARY ACTIONS
A. The appointing authority shall have authority to take disciplinary action provided also that the appointing authority may delegate to certain of his/her subordinate supervisory employees the authority to make official warnings. Immediate suspensions may not be stipulated, however, except by the appointing authority.

B. The Personnel Officer shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Personnel Officer may be notified as soon as possible subsequent to the time the action is taken.

SEC. 14.3 KINDS OF DISCIPLINE
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Disciplinary actions include suspensions, demotions, reduction in pay and dismissal. Oral and written reprimands and counseling memos are considered official warnings and are not disciplinary actions covered under this section. Employees receiving warnings may respond in writing and have such response placed in their personnel file.

All disciplinary actions shall be made in accordance with these Rules. Probationary and limited service employees may be dismissed, demoted or reduced in pay without right to review or appeal unless otherwise required by law.

1. Failure to meet work performance standards and requirements.

2. Discourteous or offensive treatment of the public or other employees.

3. Willful or negligent disobedience of any law, ordinance, rule or regulation, or superior’s lawful order.

4. Excessive absenteeism or absence without approved leave.

5. Misappropriation or damage of public property or public funds through negligent or willful misconduct.

6. Excessive tardiness.

7. Deception or fraud in securing a job appointment, promotion or making a false statement on an application for employment.

8. Falsification of a relevant official statement or document.

9. Possessing or using narcotics, alcohol or controlled substances in City offices, facilities or property, or being under the influence of same while on duty.

10. Failure to supply full information as to character, employment history, or acts which, if known at the time of appointment might have resulted in disqualification for the job to which appointment was made.

11. Improper or unauthorized use of City property.

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12. Failure to exhibit good behavior or conduct, either during or outside of duty hours which is of such nature that causes discredit to the appointing authority or City.

13. Outside employment not specifically noticed to and authorize by the appointing authority.

14. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties.

15. Improper political activity while on duty such as campaigning or espousing the election or non-election of any candidate in nation, state, county or municipal elections.

16. Dishonesty – acts and statements such as lying, making false entries on records and other actions showing a lack of truthfulness and integrity.

17. Theft.

18. Abusive conduct, including malicious verbal, visual, or physical actions, or the gratuitous sabotage or undermining of person’s work performance.

SEC. 14.4 DISCIPLINE PROCEDURES
A. Notice to Employees
In instances of serious disciplinary actions which result in financial detriment to the employee, i.e., dismissal, demotion, salary reduction, and suspension equivalent to five (5) days or more, written notice of the proposed disciplinary actions shall be submitted to regular employees five (5) work days prior to the effective date of the proposed action. In emergency situations when prior notification is not practicable, an employee may be suspended with pay until such notice is given and until the proposed action becomes effective.

1. The written notice of proposed disciplinary action shall include the level of the proposed disciplinary action, the effective date, and specific charges upon which the proposed disciplinary action is based, and a summary of the facts that show that the elements of each at issue in the proposed discipline.

2. The written notice of proposed disciplinary action shall include a copy of all materials upon which the proposed disciplinary action is based.

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3. The written notice shall also inform the employee of his/her right to respond, either orally by requesting a Skelly conference or in writing, to the Department Head or Division Manager before the disciplinary action is imposed. The written notice will also advise of the employee’s right to have a representative of his or her choice at the Skelly conference. Such response must be made within five (5) working days of receipt of the written notice. Failure to respond during the time specified shall constitute a waiver of the right to respond prior to imposition of the proposed action.

4. If the employee requests a Skelly conference, the Department Head, Division Manager or designee will conduct and informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges against him or her and present any mitigating circumstances. The Department Head or designee will consider the employee’s presentation before issuing the disciplinary action. The employee’s failure to attend the conference, or to deliver a written response by the date specified in the notice of proposed disciplinary action, is a waiver of the right to respond, and the intended disciplinary action will be imposed on the date specified in the notice.

5. After the Skelly conference and/or timely receipt of the employee’s written response, the Department Head, Division Manager or designee will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Head, Division Manager or designee will provide the employee with a final notice of discipline that contains the following:
- The level of discipline, if any, to be imposed and the effective date of the discipline,
- The specific charges upon which the discipline is based, - A summary of the facts that show that the elements of each charge at issue in the intended discipline;
- A copy of all materials upon which the discipline is based; and

6. A reference to the employee’s appeal right and deadline to appeal. In cases involving suspension of less than 40 hours, or reduction in pay equivalent to less than 40 hours of cumulative pay, oral notice of proposed action is sufficient prior to imposition. Written order of action shall be given to the employee within five (5) working days after the discipline is imposed.

B. Evidentiary Hearing – Right of Appeal
As provided in Section 2-254 of the Municipal Code, any regular employee in the classified service who has been demoted, dismissed, suspended for a period of City of West Covina
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five work days or more, or reduced in step within his/her range shall be entitled to request a hearing before the Commission, provided, however, that employees in the position classifications in the Police representation unit shall have the right to appeal a disciplinary suspension pursuant to these rules, and the Public Safety Officer Procedural Bill of Rights Act. Employees in the position classifications in the Fire representation unit shall have the right to appeal a disciplinary suspension pursuant to these rules, and the Firefighters Procedural Bill of Rights.

C. Appeal Procedure

1. Provided that settlement of the matter has not been made, the employee may, within five (5) work days of the receipt of the final notice of disciplinary action, request in writing a hearing of the matter by the Commission. Such request shall be filed with the Personnel Officer. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.

2. The Personnel Officer shall then transmit to the Commission, within ten (10) working days, said employee's request together with copies of all the abovementioned documents pertinent to the case and such other documents and information as may be requested by the Commission. The Commission may at its discretion designate an independent hearing officer to conduct disciplinary appeal hearings on its behalf. The role of the hearing officer is to set and conduct grievance appeal proceedings, administer oaths, and present findings and non-binding recommendations to the Commission for their consideration.

3. In the course of hearing the Commission shall cause the employee to appear before it. The employee may be represented by a representative of his/her choice. The hearing may be conducted by an informal process to facilitate garnering of information and to expedite the entire process.

Upon the conclusion of the Commission's hearing it shall certify its findings and final action shall be taken by the City Manager as provided in Section 2-257 of the Municipal Code.

4. The purpose of the hearing is to determine the accuracy and sufficiency of the facts attendant to the disciplinary action imposed. The appellant and the City shall have the right to introduce evidence and call witnesses. Hearings need not be conducted according to technical rules relation to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. Any relevant evidence shall be permitted if it is the type reasonable persons can rely on City of West Covina
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in the conduct of business. Irrelevant and repetitious evidence shall be excluded.

5. The burden of proof of in disciplinary appeals is the preponderance of evidence.

6. All hearings are closed to the public unless otherwise specifically stipulated by the appellant.

7. Communication to the appellant shall be by certified registered mail.

D. Findings
The Commission may recommend to sustain or modify the disciplinary action taken when it appears in the record that there was a substantial violation or omission of procedure or where the specific evidence produced in the hearing warrants such recommendation.

E. Reimbursement for Loss of Pay

1. Reimbursement for loss of pay due to a disciplinary action which is subsequently revoked or modified shall be made to an employee. Said reimbursement pertains to and is confined to the period of time between the date of initial action and ending with the date of final decision above.

2. Where procedural steps are not followed, the employee is entitled to back pay from the time the discipline was imposed up to the time the administrative review process has been completed and a final decision was made. Provided further, however, that loss of pay subsequent to the date of final decision may be made upon recommendation of the City Manager and approval of City Council.

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RULE XV – GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 15.1 ESTABLISHMENT
In accordance with Section 2-258 of the Municipal Code, these procedures are established in order to provide an adequate opportunity for City employees to bring forth their views relating to alleged violation of these rules or policies related to unfair or improper aspects of their employment situation and to seek correction thereof.

SEC. 15.2 SCOPE OF LIMITATIONS
The procedures set forth in this Section of this Rule shall apply to all employee grievances except where other methods have been specifically prescribed in the Personnel Ordinance and in these rules, such as in the matters of dismissal, demotion, and reduction.

SEC. 15.3 DEFINITIONS
A. Complaint: An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction.

B. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committed.

C. Grievance: An expressed claim by an employee that the City has violated, misinterpreted, or misapplied an obligation to the employee as such obligation is expressed and written in the City Personnel Ordinance, Resolutions. The following procedure applies to all City employees, unless the following apply: the employee is covered by a grievance procedure in a memorandum of understanding, another dispute resolution procedure applies to the dispute, or a discipline policy and procedure applies.

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

SEC. 15.4 COMPLAINT PROCEDURE
Step 1. The employee shall discuss any complaint with his/her immediate supervisor. The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.

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Step 2. If the action taken by his/her immediate supervisor is not satisfactory, the employee may take his/her complaint to successive levels of supervision as determined by the chart of administrative organization, up to and including the City Manager.

SEC. 15.5 GRIEVANCE PROCEDURE
Step. 1. The employee shall inform in writing his/her immediate supervisor of his/her grievance and relevant facts within ten (10) working days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his/her immediate supervisor after, the employee has expressed his/her grievance. The supervisor shall advise the employee of his/her decision within fifteen (15) working days following notification of the grievance.

Step 2. In the event such efforts as are specified in Step1 are not productive of a mutually satisfactory solution, the employee aggrieved shall fill out a City Grievance Form. The grievant shall set forth all the facts necessary to an understanding of the issues involved, and refrain from including any unrelated charges or language. The grievance shall include a citation of the sections of the City ordinances, resolutions, or rules alleged to have been violated and then remedy sought by the grievant. The grievance shall be signed by the grievant and submitted to the grievant's immediate supervisor. Within ten (10) working days of receipt of a Grievance Form, the supervisor shall inform the grievant of his/her decision.

Step 3. If the grievance is not satisfactorily resolved in Step 2, the grievant may, within ten (10) working days after receipt of his/her supervisor's response, submit the grievance to his/her department head. Such submittal shall be by written memo and include the original of the Grievance Form. After receipt of the grievance, the department head will meet with the grievant and make such investigation as is required. Within ten (10) working days of his/her meeting with the grievant, the department head shall return the original Grievance Form to the employee along with his/her written decision on the grievance.

Step 4. If the grievance is not satisfactorily resolved in Step 3, the grievant may, within ten (10) working days of receipt of the department head's decision, submit a grievance to the Personnel Officer for consideration by the Division Manager. Such submittal shall include the original Grievance Form, a written statement of any issues which are still in dispute, and the specific basis upon which the grievant takes issues with the position of his/her department head. The Division Manager or his/her designee shall take such City of West Covina
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review and investigative action he/she deems necessary and appropriate and inform the grievant of his/her decision within fifteen(15) working days of receipt of the grievance.

Step 5. If the grievant is not satisfied with the Division Manager's decision, he/she may, by written notification to the Personnel Officer within ten (10) working days of receipt of the Division Manager's decision, request that the grievance be submitted to the Commission. The Personnel Officer shall submit said request, together with copies of all the pertinent forms, documents, and materials concerned, to the Commission. The Commission may at its discretion designate an independent hearing officer to conduct grievance appeal hearings on its behalf. The role of the hearing officer is to set and conduct grievance appeal proceedings, administer oaths and present findings and nonbinding recommendations to the Commission for their consideration. The Commission shall, at its discretion, hold such hearings as it requires and certify its findings as provided in Section 2-257 of the Municipal Code.

Pursuant to Section 2-257 of the Municipal Code, the Commission shall certify copies of its or its designee’s findings and recommendations to the City Manager, the Personnel Officer, and other officials from whose action the appeal was made, and to the appellant employee. The official from whose action the appeal was made shall then review such findings and recommendations with the City Manager and upon approval of the City Manager, shall then affirm, revoke or modify the original action taken. Such affirmation, revocation or modification taken shall then be final.

SEC. 15.6 GENERAL PROVISIONS
A. No retaliation or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.

B. Forms for filing and processing grievances and other documents necessary under these procedures shall be prepared by the Personnel Officer and given appropriate distribution. All documents, communications and records dealing with the processing of grievances shall be filed separately from personnel files.

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

D. The grievant shall be entitled to be present at all steps of the procedure.

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E. Failure at any step of this procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.

F. The time limits specified at any step in this procedure may be extended by mutual written agreement.

G. The original Grievance Form shall accompany all requests for institution of the first step of the grievance procedure.

H. A classified Maintenance Department employee shall be granted a reasonable amount of City time during the employee's work day to prepare for a grievance matter presentation. Such time off is subject to department head approval.

I. Communications with grievant shall be acknowledged by personal signed receipt of document, certified mail or registered mail.

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RULE I

GENERAL PROVISIONS
SEC. 1.1 PURPOSE
These Personnel Rrules are intended to implement and supplement the Personnel Ordinance and the Classification and Salary Resolution in the establishment and maintenance of a justifiable, efficient, and uniform personnel program for the City of West Covina (“City”).

SEC. 1.2 APPLICABILITY
The provisions of these rules shall apply to all classified employees. The applicability of these rules to unclassified employees is limited to position classification, attendance, vacation and holidays, leave policies, outside employment, long term disability, political activity, solicitation, and discrimination, except where specified.

SEC. 1.3 NO CONTRACT RIGHT
These rules do not create any contract right, or any express or implied contract of employment.

SEC. 1.4 CONFLICT BETWEEN THESE RULES AND A MEMORANDUM OF

UNDERSTANDING
If a provision of these rules conflicts with any provision of a valid memorandum of understanding (“MOU”) between the City and a recognized employee organization, the provision of the MOU that is in conflict shall apply to employees covered by that MOU.

SEC. 1.5 EMPLOYEE ACCEPTANCE OF RULES AND REVISIONS TO RULES As a condition of employment, the City requires that each employees read and, if necessary, request clarification regarding these rules. Each employee must sign a statement of receipt acknowledging that: a) he or she has received a copy, or has been provided access to the rules; and b) understands that he or she is responsible for reading and becoming familiar with the contents of the rules and any subsequent revisions to the rules.

SEC. 1.3 TENSES, GENDER, AND NUMBERS
The present tense includes the past and future tenses; and the future, the present. "Shall" is mandatory and "may" is permissive. The masculine gender includes the feminine and neuter. The singular number includes the plural; and the plural, the singular.

SEC. 1.4 ORGANIZATION OF RULES
The rules are grouped by major subject areas. These are identified by Roman numerals and further by numeric designation, e.g.; 1, 2, 3. Within each major subject area the ATTACHMENT NO. 2
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sections are coded numerically beginning with the number immediately following the subject area number. The more detailed subject matter pertaining to a section is identified by numerical and alphabetical codes.

The order of major subject areas, with some exceptions, correspond to the sequence of events involving an employee. Deviation from this approach was necessary in order to ensure the grouping of all rules pertinent to a given subject area.

SEC. 1.610 ADMINISTRATIVE RESPONSIBILIBITIES
A. Personnel Officer

1. The duties and responsibilities of the Personnel Officer may be assumed entirely by the City Manager, entirely by another employee designated by the City Manager as the Personnel Officer, entirely by an individual or agency with which the City contracts for their performance of the Personnel Officer, or the Personnel Officer’s such duties and responsibilities may be divided among any combination of the foregoing.

2. In the event that the Ccity Manager delegates all or part of his/her powers and duties as Personnel Officer as provided in these rules to another officer or employee of the city, such employee may be employed on a fulltime or part-time basis. The position of Personnel Officer may be combined with any other position in the City Service.

3. The Personnel Officer shall establish and maintain in an a modern and efficient
manner, a updated roster of officers and employees of the City, an individual employment folder for each employee containing all papers pertinent to said employee's work history, such forms, records, and documents as required to implement the proper administration of the classification and salary plans, the examining program, and such other aspects of the overall personnel programs as are necessary.

4. The Personnel Officer shall be responsible for the preparation and revision of such forms, documents, records and operating procedures as are necessary for the accomplishment of the provisions of these rules, the Personnel Ordinance and the Classification and Salary Resolution and as are required in the administration of the personnel program for the City.

B. Contracting for Services
The City Manager shall consider and make recommendations to the City Council regarding the extent to which the Ccity should contract for the performance of technical services in connection with the development and administration of any phase of the personnel program. and Tthe Council may contract for the performance of such service with a qualified person or agency.

C. Personnel Human Resources Commission
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1. The regular monthly meeting of the Personnel Human Resources Commission (“Commission”) shall be held at the time and place whichplace, which the Commission may determine. The City Council must confirm the meeting time and place by resolution. The Personnel Officer shall give written notice of special meetings to all members of the Commission at least 24 hours prior to the meeting. The notice may be delivered personally or by mail; and shall contain a statement of the purpose of the meeting.

2. The Commission shall maintain official minutes of its actions. The Personnel Officer shall arrange for taking and preparation of the Commission's minutes.

3. All substantive requests, recommendations and actions of or to the Commission shall be in writing and shall be made part of the record.

4. Each Commission member shall recognize that it is the policy of the Commission to act as an official body. No member or combination of members of the Commission shall grant a private or unofficial hearing to any employee or group of employees, or pursue any such course as might be construed to be prejudicial for or against any employee or group of employees, or encourage the violation of the passing of any step or stage in the official lines of authority within the City organization, or any step or stage of procedures established by these rules, the Personnel Ordinance, or the Classification and Ssalary Resolution.

5. At any hearings conducted by the Commission, within the scope of the Commission’s responsibilities as set forth in Chapter 2, Article III, Section 2-73 of City’s Municipal Code, the Personnel Commission may make arrangements provisions to keep stenographic records of the proceedings.

When a decision is made by the Commission, it shall be reduced to writing and incorporated in the records.

SEC. 1.711 AMENDMENT OF THE RULES
A. Power to Amend
The City Council shall have the authority to adopt, amend, or revise appeal the Personnel Rules as provided in Section 2-192, paragraph (b) of West Covina Municipal Code.

B. Hearings on Amendments

1. At the City Council’s discretion, upon recommendation of the Personnel Officer and for Personnel Commission, the Council may authorize the ATTACHMENT NO. 2
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Personnel Commission to conduct hearings relative to any proposed amendment to the Personnel Rules.

2. In the event such hearings are to be held, the Personnel Officer, upon request of the Personnel Commission, shall post notices in all City departments announcing the times of, and describing the issues involved in, such hearings, such notices shall be posted no less than five (5) working days prior to the date of the hearing.

SEC. 1.812 DEFINITION OF TERMS
A. General Definition
All Words and terms used in these rRules and in any resolution or ordinance dealing with personnel policies, systems, or procedures shall be defined as they are normally and generally defined in the field of personnel administration.

B. Specific Definitions

1. “Allocation” means the official assignment of an individual position to an appropriate class in accordance with its duties and responsibilities.

1.2. “Anniversary Date” means an employee’s original hire date, which is the first day an employee reports to and performs work for the City and is in paid status. An “anniversary date” is the date used to compute an employee’s seniority and various conditions and benefits described in personnel rules, employment policies and ordinances, unless otherwise defined. An anniversary date would not need to be adjusted for employees who transfer from one full-time position to another, without a break in service.

2.3. “Appointing Authority” means the City Manager, Division Manager, or Department Head having the power by law or ordinance to make an appointment to any position in a specified department of the City of West Covina.

3.4. “Calendar Month” means any of the twelve months starting on the first day thereof and terminating at the close of the last day thereof.

4.5. “Class” or “Class Positions” is composed of all positions in the City service having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be demanded of incumbents and so that the same schedule of compensation may be made to apply with equity to all.

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5.6. “Classified Service” means all positions in the city service except for those specifically exempted by Section 2-236 of the Municipal Code.

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

7.8. “Continuous Service” means regular service in the employ of the city without a break or interruption. A deliberate severance of the employee from his/her employment initiated by either the City or the employee for periods of more than 15 days constitutes a break in continuous service.

8.9. “Council” means the City Council of the City of West Covina.

9.10. “Department” includes offices and various divisionssections of departments and is a portion section of the organization designated as such on the Organizational Chart.

10.11. “Department Head” means the head of an established City department, having supervision of such department.

11.12. “Desirable Qualifications” as stated in the class specifications means those requirements deemed highly suitable for employment a person entering a position in the classification described.

12.13. “Division Manager” is the manager of several City departments, having supervision of Department Heads and reporting to the City Manager.

13.14. “Elective Service” means all positions of elected officers.

14.15. “Eligibility List” means the names of successful applicants according to relative performance on the total weighted examinations.

15.16. “Employee” means a person legally occupying a position in the City service.

16. “Employee Organization” means any organization which includes City employees and which has as one of its primary purposes the representation of such employees in their relations with the City.

17. “Full-Time Employees” shall mean those employees whose positions require the total number of hours prescribed for normal employment in the class or position, generally 40 hours per workweek. All positions shall be full-time unless otherwise designated, or unless the compensation is fixed upon the basis of part-time work. Full-time employees receive all benefits ATTACHMENT NO. 2
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provided in these rules, unless otherwise provided in an MOU, or an employment agreement approved by the City Council.

18. “Police Officer Lateral Entry” A Police Officer possessing a California P.O.S.T. Basic Certificate and employed- for a minimum of 18 months with a California Police or Sheriff’s Department or Highway Patrol.

19. “Limited Service” includes all or any of the following:
a. “Part-time Employee” means a person holding an authorized position which is designated part-time, and the compensation for which is fixed upon the basis of part-time work. Part-time employees may have different rights to leave and other benefits under the law or these rules, depending on the number of hours they work. A part-time employee serves as an at-will employee and at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or postdisciplinary procedural due process or appeal. b. “Seasonal Employee” means a person an employee temporarily employed in a position, which is not regular and is not dependent upon a condition of emergency, but is regularly recurrent in certain offices or departments based on seasonal workload. .A seasonal employee is not a full or part-time employee, and is not appointed from an eligibility list. A seasonal employee is appointed on a seasonal basis, not to exceed six (6) months. A seasonal employee serves as an at-will employee and at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal.
c. “Temporary Employee” means a person an employee employed on a temporary basis because of the workload within a department.

A temporary employee is not a full or part-time employee, and is not appointed from an eligibility list. A temporary employee is appointed on a project oriented or department workload as needed basis, not to exceed six (6) months. A temporary employee serves as an at-will employee and at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal.
d. “Federally Funded Employee” means a person employed under the provisions of a Federal Government subsidy. May be full-time or part-time with benefits applicable.

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20. “Majority Representative” means a recognized employee organization that has been granted formal recognition by the city Council upon the recommendation of the Personnel commission as representing the majority of employees in an appropriate unit.

21. “Meet and Confer in Good Faith” means that the authorized representatives of the City and the representatives of recognized employee organizations have the mutual obligation personally to meet at reasonable times and confer in order to freely exchange information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation. The obligation to meet and confer in good faith does not compel the representative of either party to agree to a proposal or to make a concession.

22.20. “Military Leave” means leave of absence for Military Duty.

23.21. “Position” means a combination of current duties and responsibilities legally assigned to a single officer or employee and performed on either a full or part-time basis.

24. “Probationary Period” is defined as a working test period during which an employee is required to demonstrate his/her fitness for the duties of the position to which he/she is appointed.

25.22. “Provisional Employee” shall be a full-time employee appointed in the absence of an eligibility list for a stipulated period of time.

26.23. “Reallocation” means a change in allocation of an individual position from one class to another.

27.24. “Recognized Employee Organization” means an employee organization that has been recognized as provided for herein by the City as an employee organization that represents Ccity employees. The rights accompanying recognition are either:
a. “Formal Recognition” which is the right to meet and confer in good faith as the majority representatives in an appropriate unit; or b. “Informal Recognition” which is the right to consultation in good faith by all recognized employee organizations.

28.25. “Strike” means any concerted stoppage of work by a City employee or employees, or a concerted slow-down or other concerted interruption of City operations by an employee or employees. A strike shall be considered an emergency situation.

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29.26. “Title”, “Class Title”, or “Title of Class” means the official name applied to a class and to each position allocated to the class and to the legally appointed incumbent of each such position.

30.27. “Unclassified Service” includes those positions as specified in Section 2-236 of the Municipal Code, which are exempted from the “Classified Service” in the annual Management/Confidential Salary and Benefit Resolution and Section 2-236 of the Municipal Code.

SEC. 1.913 POLITICAL ACTIVITY
A. During Working Hours
Employees in the service of the City shall not advocate the election or defeat of any ballot proposition or any candidate for any political office or engage in any other kind of political activity during his/her assigned working hours or while on City property. No employee or official shall participate in political activities while dressed in the uniform required in any department of the Ccity or dressed in any other City-issued clothing, whether or not it is during his/her assigned working hours.

B. Political Contributions
No officer or employee of the city, or any other person directly or indirectly shall solicit or receive, , or in any manner be concerned in soliciting or receiving, from anyone on an eligible list or employed in the service of the city, any assessment, subscription, contribution, or political service, for aiding or assisting in the campaign for election, or appointment to any political or official or other position in the City, either partisan or nonpartisan.

C. Political Affiliation
No Person in the City service or seeking admission thereto shall be favored or discriminated against in his/her employment because of political affiliations.

SEC. 1.14 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION A. Policy
The City of West Covina will take affirmative action to:

1. ensure that the City does not discriminate in employment on the basis of race, color, religion, national origin, sex, age, handicap, or marital status;

2. ensure that employment decisions are based on job-related criteria; and ATTACHMENT NO. 2
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3. improve the utilization in the city work force of various groups, women or men and the handicapped where they are not adequately represented.

SEC. 1.10 POLICY AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION; COMPLAINT PROCEDURE
A. Purpose
The City has a strong commitment to prohibiting and preventing discrimination, harassment and retaliation in the workplace. The City has zero tolerance for any conduct that violates this Policy. Conduct need not arise to the level of a violation of state or federal law to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. This Policy establishes a complaint procedure for investigating and resolving internal complaints of discrimination, harassment and retaliation. The City encourages all covered individuals to report any conduct they believe violates this Policy as soon as possible. Any retaliation against an employee because they filed or supported a complaint or because they participated in the complaint resolution process is prohibited. Individuals found to have retaliated in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination.

B. Covered Individuals and Scope of Policy
The individuals covered by this Policy are: applicants; employees regardless of rank or title; elected or appointed officials; interns; volunteers; and contractors.

This Policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

C. Definitions

1. Protected Classification
This Policy prohibits harassment, discrimination or retaliation because of an individual’s protected classification. “Protected Classification” includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, reproductive health decision making, or military and veteran status, or any other basis protected by law. This Policy prohibits discrimination, harassment or retaliation because: (1) of an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.

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2. Protected Activity
This Policy prohibits discrimination, harassment, or retaliation because of an individual’s protected activity. Protected activity includes: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; or (5) participating in an investigation under this Policy.

3. Discrimination
This Policy prohibits treating covered individuals differently and adversely because of the individual’s protected classification, actual or perceived; because the individual associates with a person who is member of a protected classification, actual or perceived; or because the individual participates in a protected activity as defined in this Policy.

4. Harassment
Harassment includes, but is not limited to, the following types of behavior that are taken because of a person’s actual or perceived protected classification:
(a) Speech, such as epithets, derogatory comments or slurs, and propositioning on the basis of a protected classification. This includes inappropriate comments about appearance, dress, physical features, gender identification, or race-oriented stories and jokes. (b) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
(c) Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to a protected classification.
(d) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.

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D. Guidelines for Identifying Harassment
Harassment includes any conduct that would be unwelcome or unwanted to an individual of the recipient’s same protected classification. The following guidelines to determine if conduct is unwelcome or unwanted should be followed:
(a) It is no defense that the recipient “appears” to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized or subjected to retaliation. (b) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome.

Harassment can evolve over time. Small, isolated incidents might be tolerated up to a point. The fact that no one has yet complained does not preclude someone from complaining if the conduct is repeated in the future.
(c) Even visual, verbal, or physical conduct between two people who appear to welcome the conduct can constitute harassment of a third person who witnesses the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
(d) Conduct can constitute harassment even if the individual has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual would find it offensive (e.g., gifts, over-attention, endearing nicknames, hugs).

E. Retaliation
Retaliation occurs when an employer takes adverse conduct against a covered individual because of the individual’s protected activity as defined in this Policy. “Adverse conduct” may include but is not limited to: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.

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F. Complaint Procedure
A covered individual who believes he or she has been subjected to discrimination, harassment or retaliation may make a complaint – orally or in writing – to any supervisor, any manager, or any department head, without regard to any chain of command. Any supervisory or management employee who receives a harassment complaint should immediately notify the Personnel Officer. Upon receiving notification of a harassment complaint, the Personnel Officer will complete and/or delegate the following steps. If the Personnel Officer is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the following steps.
(a) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with: (1) the complainant; (2) the accused; and (3) other persons who have relevant knowledge concerning the allegations in the complaint. (b) Review the factual information gathered through the investigation to determine whether the alleged conduct violates the Policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
(c) Report a summary of the determination as to whether this Policy has been violated to appropriate persons. If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.
(d) If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense. (e) Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.

G. Option to Report to Outside Administrative Agencies
An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD). These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check the posters that are located on City bulletin boards for office locations and telephone number.

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H. Confidentiality
Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing. An employee may discuss his or her interview with a designated representative. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.

I. Responsibilities
(a) Each non-manager or non-supervisor is responsible for:
1) Treating all individuals in the workplace or on worksites with respect and consideration.
2) Modeling behavior that conforms to this Policy.
3) Participating in periodic training.
4) Cooperating with the City’s] investigations pursuant to this Policy by responding fully and truthfully to all questions posed during the investigation.
5) Taking no actions to influence any potential witness while the investigation is ongoing.
6) Reporting any act he or she believes in good faith constitutes harassment, discrimination or retaliation as defined in this Policy, to his or her immediate supervisor, or department head, or Personnel Officer. (b) In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1) Informing employees of this Policy.
2) Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language.

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3) Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
4) Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
5) Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or CRD regarding alleged Policy violations.
6) Assisting, advising, or consulting with employees and the Personnel Officer regarding this Policy.
7) Assisting in the investigation of complaints involving employee(s) in their departments and, when appropriate, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with these Policies, up to and including termination.
8) Implementing appropriate disciplinary and remedial actions. 9) Reporting potential violations of this Policy of which he or she becomes aware to the Personnel Officer regardless of whether a complaint has been submitted.
10) Participating in periodic training and scheduling employees for training.

B. Disabled Employees

1. The City’s policy shall be to make such efforts as are consistent with the provisions of these rules, to place physically or mentally disabled employees in such positions as are available in the City service where their disabilities will not affect their performance of duties.

2. No employees shall hold any position in a class, where he/she is physically and/or mentally unable to perform fully the duties of such position, and without hazard to himself/herself or others.

SEC 1.11 REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS A. Reasonable Accommodation
Absent undue hardship or direct threats to the health and safety of employee(s), the City provides employment-related accommodations to:

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(a.)qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
(b.)employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider; and
(c.) employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and (d.)employees who request reasonable accommodation to address a conflict between.

B. Supporting Documentation or Certification

1. Reasonable Medical Documentation of Disability
If the disability or the need for reasonable accommodation is not obvious, the City may require the individual to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the agency will: (1) explain the insufficiency; (2) allow the employee or applicant to supplement the documentation; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.

2. Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions If a pregnant employee, or an employee with a pregnancy-related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains:
(1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.

3. Certification of Victim Status
(a) An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for his or her safety while at work must provide both of the following:

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(b) A written statement signed by the employee or an individual acting on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
(c) A certification demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.

C. Fitness for Duty Examinations

1. Applicants
After the City extends a conditional offer of employment to an applicant, the City may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City will notify an applicant or employee who is required to pass a medical and/or psychological examination of his/her right to obtain a second opinion at his/her expense and that he/she may submit such second opinions for consideration.

2. Current Employee
The Personnel Officer may require an employee to submit to a fitness for duty examination to determine if the employee has a disability and is able to perform the essential functions of his or her job when there is significant evidence that:
(a) the employee’s ability to perform one or more essential functions of his or her job has declined; or
(b) could cause a reasonable person to question whether an employee is still capable of performing one or more of his or her essential job duties, or is still capable of performing those duties in a manner that does not harm him or herself or others.

3. Role of Health Care Provider
The City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may ATTACHMENT NO. 2
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request an City-selected health care provider to do so at the City’s expense. The City will allow an employee paid time off to attend the exam. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions \of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of his/her position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with nonconfidential information regarding whether:
(a) The applicant or employee has a disability within the meaning of the California Fair Employment and Housing Act;
(b) The applicant or employee is fit to perform essential job functions; (c) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations;
(d) There are any reasonable accommodations that would enable the employee to perform essential job functions; and
(e) The employee’s continued employment poses a threat to the health and safety of him or herself or others.

Should the health care provider exceed the scope of the City’s request and provide confidential health information, without valid consent of the applicant or employee, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested.

4. Authorization for Use of Medical Information
During the course of a fitness for duty examination, the City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.

5. Medical Information from the Employee or Applicant
If an employee or applicant submits medical information to the City from his or her own health care provider, the Personnel Officer will not forward that information on to the health care provider who conducted the examination for the City, without the employee or applicant’s written authorization. Upon receipt of the written authorization, the Personnel ATTACHMENT NO. 2
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Officer will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment.

D. Interactive Process

1. When to Initiate the Interactive Process
The Personnel Officer will initiate the interactive process when:
(a) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s); (b) The City otherwise becomes aware of the need for an accommodation through a third party (e.g. a doctor’s note requesting an accommodation), or by observation of the
employee’s work;
(c) The City becomes aware of the possible need for an
accommodation because the employee with a disability has exhausted workers’ compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further
accommodation is still necessary for recuperative leave or other accommodation;
(d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
(e) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave; (f) An employee-victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for his or her safety at work;
(g) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or
(h) An employer is aware of the need for a reasonable accommodation for an employee’s or applicant’s religious beliefs, observance or practices.

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2. Interactive Communication and Potential Accommodations for Applicants or Employees with Disabilities
After the occurrence of any of the above-stated circumstances that trigger the need to conduct an interactive process meeting, the Personnel Officer will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and his or her designated representative, (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The Personnel Officer will document these communications in writing.

Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain his or her current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective.

3. Determination
After the interactive process communications, the Personnel Officer will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming him or herself or others; and if the accommodations would pose an undue hardship on City finances or operations. The Personnel Officer will inform the applicant or employee of his or her determination in writing. The Personnel Officer will use his or her discretion based upon the particular facts of each case.

4. Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an
accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the ATTACHMENT NO. 2
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Personnel Officer, the City’s legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to state and federal law.

RULE II

CLASSIFICATION
SEC. 2.1 THE CLASSIFICATION PLAN
The Ccouncil upon recommendation of the Personnel Officer and review of the Personnel
Commission shall create and adjust classes of positions in the classified service which classes shall be known as the "Position Classification Plan of the City of West Covina." A. The Ccouncil, at any meeting thereof and upon recommendation of the Personnel Officer and review of the Personnel Commission, may by resolution, adopted by a majority vote, create new classes or divide, combine or abolish existing classes and may reassign a class from one salary range to another.

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B. All existing positions and all new positions in the classified service created or established
by the Council shall be allocated by the Personnel Officer to their proper class in the
classification plan.

C. The classification title of a position shall be used in all official personnel and budget
records and transactions.

D. Whenever in the judgment of the Council it is necessary for the expeditious transaction of the business of the City for a department to employ a person on an emergency or extra help basis in a position for which there is no classification, then the Council may authorize such employment. In such case the Council, on recommendation of the Personnel Officer, shall by motion, fix the amount of compensation, and may determine the minimum qualifications for such additional employees, and shall limit in advance the period of time the position may be allowed.

SEC. 2.2 CREATION AND ABOLISHMENT OF POSITIONS
A. The Council shall have authority to create and abolish positions in the City service.

B. The incumbent of an abolished position may be laid off, transferred, or demoted.

Such action shall not be subject to the appeal process.

SEC. 2.3 AMENDMENT AND MAINTENANCE OF CLASSIFICATION PLAN Whenever one or more new positions are under consideration for possible establishment, or whenever because of any revision in organization methods, a significant change of the duties or responsibilities of any existing position is made which may require the reallocation of such position, or whenever a new class is created to which any position may more appropriately be allocated, or whenever because of the abolishment or combination of any existing positions, or classes, an amendment of the classification plan is required, one or a combination of the procedures stipulated as follows in the following shall be observed:

1. The appointing authority shall forthwith report any significant facts relating to such possible changes in writing to the Personnel Officer in the manner prescribed.

2. The Personnel Officer upon written request of any employee, or upon his/her own initiative, after consultation with the head of the department ATTACHMENT NO. 2
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concerned, may undertake an inquiry of the classification of any position.

3. Upon either of the above initiations, the Personnel Officer shall study the assigned duties and responsibilities of any such position and the qualifications required for filling the same, and of the relationships of such positions to other classes of positions in the classification plan.

4. On the basis of such investigationinvestigation, the Personnel Officer shall then make a determinations as to the appropriate action as follows: (1) for no change in allocation of the position;, or (2) allocation of the position to a more appropriate class in the existing classification; or (3) the establishment of the new class to which the position would be allocated, whichever is the appropriate action.

5. The Personnel Officer shall recommend to the Council any change in the existing classes and class specifications he/she deems appropriate. Such proposed changes shall be reviewed by the Personnel Commission as provided in these rRules.

SEC. 2.4 CLASS SPECIFICATIONS
A. The Personnel Officer shall maintain a written specification for each class, and such class specifications when approved and adopted by the Council, shall constitute the official specifications of classes in the City service. Such specifications shall be based on a study of the duties and responsibilities of positions in the City services. Each class specification shall set forth the title of the class, class definition, distinguishing characteristics, if necessary, examples of duties, and a statement of qualifications for proficient performance of the work.

B. The official copy of each class specification shall be contained in the official book of class specifications maintained by the Personnel Officer. The official copy of the specification shall be open to inspection by employees and the public.

C. Said specifications referred to herein and any modifications or amendments thereto shall be made by a Resolution, duly passed and adopted by the majority vote of the Council.

SEC. 2.5 INTERPRETATION OF CLASS SPECIFICATIONS
The class specifications are descriptive and explanatory and not restrictive. They are intended to indicate the kinds of positions allocated to the various classes and should not be construed as limiting the assignment to the prescribed of duties and responsibilities. to any position. The use of a particular expression or an illustration as to duties should not be interpreted to exclude others not mentioned that are of similar kind or quantity. The specifications for each class should be considered in its entirety and in ATTACHMENT NO. 2
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relation to other classes in the classification plan. Consideration should be given to the general duties, specific tasks, responsibilities, qualifications desired and relation to other positions determine as affording together a picture of the kind of employment the class is designed to embrace.

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RULE III

COMPENSATION
SEC. 3.1 SALARY ANNIVERSARY DATES
Employees shall have a salary anniversary date of the first or sixteenth day of the month, whichever is closer to the date of his/her employment, promotion, reinstatement or reemployment.

SEC. 3.12 INCREASES WITHIN THE SALARY RANGE
A. Normally, and as a general rule, Cclassified employees based upon evaluation of performance may be considered eligible for an increase in salary according to the following general plan:

1. The numbers 1, 2, 3, 4, and 5 respectively denote the various merit steps in the pay range.

2. Salary Sstep “1” will shall be paid upon initial employment and for a period of six months from the anniversary date.

3. Salary step "2" will be paid Uupon completion of six months of employment in Ssalary Sstep "1" where the employeedepartment head determines the employee has demonstrated satisfactory job performance and the employee receives a has demonstrated satisfactoryperformance rating of satisfactory or higher, job, progress and normally increasing productivity and upon recommendation of the department headthe employee is eligible for Salary Step “2”.

4. Upon completion of one year of employment in Salary Step “2” where the department head determines the employee has demonstrated satisfactory job performance and the employee receives a performance rating of satisfactory or higher, the employee is eligible for an increase to Salary Step “3.” Any further advancement in salary step(s) shall follow this aforementioned requirement and process.

3.5. All other advancements in salary step are subject to the consideration and approval by the Personnel Officer/City Manager.

4. Salary step “3” will be paid upon completion of one year of employment in salary step "2" where the employee has demonstrated satisfactory job progress and productivity and upon recommendation of the department head.

5. Salary step "4" will be paid upon completion of one year of employment in salary step "3" where the employee has demonstrated job progress and productivity and upon recommendation of the department head.

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6. Salary step "5" is a merit step, and will be paid upon completion of one year employment in salary step "4" where the employee has convincingly demonstrated job progress and productivity and upon the recommendation of the department head, and approval of the Personnel Officer.

B. An employee employed or reemployed at any step above stepthe "1" step may advance to the next higher step in his/her range no sooner than one year from the anniversary date of his/her employment or reemployment.

C. On or about tThirty (30) days prior to each employee's salary increase anniversary date, the department head shall be advised in writing by the Personnel Officer that the employee will be eligible for a salary increase., and Ffor stepthe “2” step and above, the department head shall advise the Personnel Officer in writing prior to the employee's salary increase anniversary date whether he/she recommends or does not recommend that the employee be advanced to the next higher step of the range. The Personnel Officer shall notify the Finance Department in writing of all anniversary increases and such notification shall constitute authorization for the Finance Department to make payment to the employee at a higher rate.

SEC. 3.23 SALARY ON APPOINTMENT
A. Superior Qualifications
New employees shall be appointed at the first step of the salary range to which their class is assigned except when it appears that the education and previous training or experience of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation., Uupon recommendation of the department head or appointing authority, the City Manager may authorize an appointment at a higher step. Such department head or appointing authority shall submit his/her recommendation to the Personnel Officer in such form, together with such information as the Personnel-officer may require.

B. Recruitment Step Advancement
Upon recommendation of the dDepartment hHead, initial employment at salary step “2” or “3” may be authorized by the City Manager when a particularly difficult recruiting problem for a class is found to exist. In such cases the incumbents in the affected class shall be advanced to the next higher step to the one they are then earning in the case of “2”step recruiting, or to the second higher step in the case of “3” step recruiting. New salary increase anniversary dates for said incumbent employees shall be established based on the date of the salary increase.

SEC. 3.4 SALARY ON APPOINTMENT – LATERAL ENTRY
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Notwithstanding anything in these Rules to the contrary, upon recommendation of the Department Head and the approval of the City Manager, initial employment may be made at 1, 2, or 3 step upon a showing of good cause and when a part of a lateral entry program conducted by the city.

SEC. 3.35 SALARY ON PROMOTION
Except in instances where the granting of a full step increase would result in a salary in excess of the top step of the range, any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step he/she held in his/her former range in the basic salary schedule. If the maximum of the range would be exceeded by such advancement, the employee shall receive the top step of the salary range. An employee thus promoted is assigned to a new salary increase anniversary date effective on the date of promotion. An employee who, on his/her anniversary date is promoted to a class with a higher salary range shall first receive any within range increases to which he/she is entitled, and then the higher step as provided in this section.

SEC. 3.64 SALARY ON REEMPLOYMENT
An employee shall be placed at the same salary step or its equivalent that the employee occupied at a time of layoff.

SEC. 3.75 SALARY UPON REINSTATEMENT POST RESIGNATION
A. A reinstated employee shall not receive not more than the salary step in the salary range he/she received prior to his/her separation. and the anniversary date shall be extended for advancement purposes one month for each 30 calendar days between resignation and reinstatement.

B. Reinstated employees who were granted an education incentive salary differential prior to termination shall be granted that same salary differential upon reinstatement.

SEC. 3.8 6 SALARY ON TRANSFER
Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as he/she previously received and his/her salary increase anniversary date shall not change.

SEC. 3.9 7 SALARY ON NON-DISCIPLINARY DEMOTION
Any employee who is demoted to a position in a class with a lower salary range shall have his/her salary reduced to the salary step in the range for the lower class which is the same step he/she would have received in that lower class if his/her services had ATTACHMENT NO. 2
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been continuous in said lower class; he/she shall retain his/her current salary increase anniversary date.

SEC. 3.810 SALARY ON CHANGE IN RANGE ASSIGNMENT
Whenever a class is reassigned to either a higher or lower salary range by the Council, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step salary position in the new range that corresponds to the step-salary position he/she was receiving in the former range and he/she shall retain the same salary increase anniversary date. When a salary range reassignment becomes effective on the same date as an employee's salary increase anniversary date, he/she shall first receive any within range increase to which he/she is entitled and then receive his/her corresponding step adjustment.

SEC. 3.920 SALARY ON REALLOCATION OF POSITION
A. If the position is reallocated to a class having the same salary range, the salary and the salary increase anniversary date of the incumbent shall not change.

B. If the position is reallocated to a class which has a higher salary range, then the salary of such employee whoas shall fill such position shall be governed by these rules,. Specifically Sec. 3.4, Salary on Promotion.

C. If the position is reallocated to a class with a lower salary range, and the employee’s salary exceeds the top step of the class to which his/her position is reallocated, his/her salary shall not change until it is exceeded y the top step of the class. The employee’s salary increase anniversary date shall not change.

SEC. 3.102 SALARY ON DEMOTION
Any employee who is demoted to a position in a class with a lower salary range shall have his/her salary reduced to the salary step in the range for the lower class which is:

A. If a disciplinary demotion, to any designated salary step in the lower salary range which is at least one step less than that received in the salary range for the class from which demoted. A new salary increase anniversary date shall be established on the basis of the demotion.

B. If a non-disciplinary demotion, to that salary in the dollar amount he/she would have received in that lower class if his/her services had been continuous in said lower class, he/she shall retain his/her current salary increase anniversary date.

C. SEC. 3.13 CALL-BACK COMPENSATION
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D. Police Call-Back
E. Sworn classified personnel and Lieutenants in the Police Department shall be paid at a time and one-half rate with a two-hour minimum for emergency callback time, which falls within a normal off-duty period.

F. Fire Call-Back
G. Approved overtime for Fire Department employees entitled to it shall include only hours worked when employees are requested or required to return to work by their department from off duty, provided however, that such employees shall receive a minimum of three hours pay for hours worked of three hours or less.

I. Maintenance Call-Back
J. Whenever a Maintenance Department employee is required to return to work,ꞏ he/she will be paid a minimum of two hours at time and one-half, and time and one half for time worked in excess of two hours. Whenever an employee is required to work on a call-back basis, the employee may elect to receive compensatory time at a time and one-half rate.

K. General Employee Call-Back
L. If an employee, other than a safety or Maintenance Department employee is required to return to work at the request of his/her department head while on regularly scheduled time off, the employee shall receive a minimum of two hours pay at the rate of time and one-half. Such employee shall be compensated at the applicable rate for all time worked in excess of two hours, including necessary travel time from the employee's home to the job site and return. The minimum provided for herein shall not be paid more
than twice during any one calendar day.

M. SEC. 3.14 COURT TIME PAY
N. Time spent in court beyond the regularly scheduled shift will be paid at a time and one-half rate with a two-hour minimum guarantee.

O. SEC. 3.15 STANDBY COMPENSATION
P. Court Standby
Q. For each occasion a sworn police employee is placed on standby by the courts, the City will pay the employee $50, provided such standby occurs beyond the employee's regularly assigned shift. The $50 payment will be the maximum paid to any sworn police employee for all standby assignments in one day, except when additional pay-outs are authorized by the Chief of Police.

R. Community Service Officers, Cadets, Jailers, and Police Records Clerks, on call during off-duty hours shall be compensated at a rate of $30 per day. Public Safety
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Dispatchers will be compensated at a rate of $35 per day. (Resolution # 7990.5 - 1/87, Resolution # 8147 - 1/88, and Resolution # 8453 - 1/90) S. Standby - Maintenance (Non-Clerical and Non-Management) T. Maintenance Department employees required to serve on standby will be compensated either eight hours earnings at straight time or four hours compensatory time off. A listing of names and dates of employees placed on standby will be provided. The City will attempt to solicit volunteers first and will place on standby only those employees who reside 15 or fewer miles from the West Covina city limits. Standby will be rotated uniformly among the appropriate department employees.

U. Holiday Week - When an employee is required to serve on standby during a holiday week, the employee shall receive twelve hours pay at straight time or twelve hours of compensatory time off.

V. Thanksgiving Holiday Week - When an employee is required to serve on standby during the Thanksgiving Holiday Week, the employee shall receive sixteen hours pay at straight time or twelve hours of compensatory time off.

W. SEC. 3.16 ACTING PAY
X. Employees in the General, Public Safety Dispatchers, and Police Associations serving in an acting status shall receive a full step increase in compensation payable from the 31st calendar day of such appointment until the completion of the appointment, provided such acting appointments are made in writing by the appointing authority with a copy to the Personnel Office.

Z.B. Employees in the Maintenance Department who are not clerical or management will be paid acting pay after the completion of twenty-two (22) nonconsecutive work days or the equivalent thereof in an "acting" status. Once an employee has received acting pay in a specific assignment class, such employee shall receive acting pay for any additional time worked in said assignment. Notwithstanding the above, continuous service employees who have been paid acting pay within the eighteen (18) month period beginning on July 1, 1981, and ending on December 31, 1982, shall be eligible for acting pay beginning with the first day worked in the class for which acting pay was received.

SEC. 3.11121 MONTHLY SALARY
Monthly salary rates are based on a 40-hour work week and no authorization may be made for an non-exempt employee to work less than said work week without a directly proportionate decrease in compensation.

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Monthly salary rates for Police shift personnel are based on a 37 1/2 hour work week (36/48 hour work week for Jailers), with the condition that at the end of each month the employee will owe the City 10 hours (Jailers will owe the City 4 hours), to be reconciled in the following manner and order:

1. Reduction of straight time pay (training compensation).

2. Reduction in court-on-call pay at the rate of 2 hours per each on-call status.

3. Reduction in time and one half pay.

A. .

SEC. 3.23 PERS MEMBERS CONTRIBUTIONS
There shall be added to the base compensation payable to each employee an amount which shall be equal to 7% of the salary amount reportable to the Public Employees Retirement System. Such 7% shall constitute the entire or partial member's contribution required to be made under the system. The amount of additional compensation payable pursuant to this section shall constitute deferred compensation and the city shall pay the amount so deferred to the Public Employees Retirement System for the account of the employee entitled thereto as required by Section 20683 of the Government Code.

Effective July 1, 1988, the city PERS contribution, on behalf of sworn Police employees, shall be increased from 7% to 9%. (Resolution #8146 - 1/88) Effective July 1, 1989, the City PERS contribution on behalf of sworn Fire employees, shall be increased from 7% to 9% (Resolution #8287 - 1/89).

SEC. 3.30 1239 SPECIAL SALARY ADJUSTMENTS
Notwithstanding anything in these rRules to the contrary, in order to correct gross inequities, or toreward outstanding achievement and performance that the City Council may find justified, the Council may by a four-fifths vote, upon recommendation of the department head or appointing Authority and the Personnel Officer, adjust the salary rate of an incumbent of a particular position to any step within the salary range for the class to which the position is allocated.

ATTACHMENT NO. 2
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RULE IV

APPLICATIONS, RECRUITMENT, AND EXAMINING
SEC. 4.1 CONDITIONS OF EMPLOYMENT
A. The City shall have the right to require all applicants to complete and submit any applications, agreements, or statements pertinent to their employment, as stipulated by decision of the City Ccouncil.

B. All applicants for positions in the classified service shall be subject to an appraisal of their qualifications as provided in the Personnel Rules.

C. Basic Requirements of Applicants

1. No requirements as to residence in the City shall be made for any candidate at the time of his/her application, notwithstanding the fact that residence within the City or adjacent area may, at the discretion of the Council, be required of a regular employee.

1.2. Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, including but not limited to: answers to jobrelated questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically by the person applying. The Personnel Officer will not process any application which is not fully completed and signed.

Should an applicant be appointed to a position, the supplemental information shall become a part of the individual’s permanent employment records.

2. The Personnel Officer may require applicants to furnish such evidence of good character, temperate habits, sound health and physical ability to perform successfully the duties of the position applied for as he/she may deem necessary.

3. Candidates for employment in the Police series:
a. Shall be of sound physical condition, possessing strength, endurance and agility demonstrable in tests of physical performance and medical examination.

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b. Shall be of good mentality and emotional maturity, possessing traits including: initiative, alertness; integrity, reliability, courtesy, honesty, and good judgment.
c. Shall be in good health and free from chronic disease, impairment of bodily function, loss or impairment of use of any digit, history of psychosis or psychoneurosis, or other disabling defects. d. Shall meet such other physical requirements as may be specified in the class specifications for the class for which the examination is held.

D. Ability to Perform Duties
General - The city may require that all applicants and employees be in a physical and mental condition which would allow him/her to perform duties of their position in a manner which would not endanger himself/herself or other employees and be subject to examination when, in the judgment of the Personnel Officer, such examinations are appropriate.

E.D. Loyalty Oath
Employees are required to sign a loyalty oath as prescribed by law.

SEC. 4.2 REQUEST TO FILL VACANCIES
When a position is to be filled, the appointing authority shall notify the Personnel Officer and make a written request on the applicable form to fill the vacancy on the prescribed forms and provideing such information as is required. The Personnel Officer shall advise the appointing authority power as to the availability of persons for employment in the position.

SEC. 4.3 ANNOUNCEMENT AND APPLICATIONS
A. The Personnel Officer shall prepare an official bulletin announcing any proposed examination. Suitable and effective methods of distributing information relative to job openings and securing the most qualified candidates available for competition shall be practiced. The examination bulletin shall contain all information of importance in the consideration of potential applicants.

B. Official application forms shall be available in the office of the Personnel Officer and at such other places as will facilitate effective recruiting. Any person who requests an application form shall be given one.

The Personnel Officer will prepare a job announcement to announce a proposed recruitment. The announcement may be posted on the City’s website and other ATTACHMENT NO. 2
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locations the Personnel Officer deems appropriate, depending upon whether the recruitment is open to the public or current employees only. The announcement will include:

A. The title and pay for the position;
B. The nature of the work to be performed and essential job duties of the position; C. The minimum qualifications, including whether the job is a promotional position; D. A statement of the employment status of the position – for cause or at-will; E. The last date that the Personnel Officer will accept applications, if any; F. The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment; and

G. Such other information as determined in the discretion of the Personnel Officer.

SEC. 4.4 DISQUALIFICATION OF APPLICANTS BY PERSONNEL OFFICER A. The Personnel Officer may disqualify any applicant either before or after examination for any of the following causes:

1. That he/sheApplicant is substantially lacking in any of the minimum qualifications or requirements set forth in the Personnel Ordinance, the Classification and Salary Resolution, the official class specifications for the class in which exists the position for which he/she is applying, or in the Personnel Rules.

2. Application is received after the application deadline. That he/she is physically unfit for the performance of the duties of the position to which he/she seeks employment.

3. That he/she has been adjudged guilty of any violation of the penal statute or of infamous or disgraceful conduct. The Personnel Officer may disregard the conviction if he/she find and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since conviction, or the fact that the classification applied for is unrelated to such conviction.

4.3. That he/she Applicant has made any false statement or omission of any significant material fact, or practices or attempted to practice any deception or fraud in his/her application, examination, or appointment.

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5. That he/she is addicted to the use of intoxicating liquors or to the use of narcotics, drugs, or other substances.

6. That he/she has been dismissed for inefficiency, delinquency, or misconduct.

7.4. For any material cause which, in the judgment of the Personnel Officer, would render the applicant unfit for the particular position for which the application is filed., including a prior resignation from the City service accepted with prejudice.

B. Criminal Conviction Check
After the City makes a conditional offer of employment, the Personnel Office may then request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City will not deny employment to any applicant solely because he or she has been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This Policy does not apply to applicants for public safety jobs.

B.C. Notice of Rejection
Whenever an applicant is rejected, notice of such rejection shall be mailed or emailed to the applicant by the Personnel Officer, who shall, upon applicant’s written request, state the reasons for such rejection..

C.D. Incomplete or Defective Applications
Incomplete or defective applications may be corrected, provided the time limit for receiving applications has not expired at the time the application is corrected by the applicant.

SEC. 4.5 EXAMINATIONS
A. Responsibility to Examine

1. The Personnel Officer will determine the manner and methods of administering examinations is responsible for the conduct of examinations for classes of positions within the City’s service.

2. The Personnel Commission shall review the examinationing programs as provided in the Personnel Ordinance. The City Council may, upon recommendation by the Personnel Officer and Personnel Commission, ATTACHMENT NO. 2
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contract with any responsible personnel agency for the performance by the agency of such technical examinationing services as may be desired.

B. Need for Examinations
The Personnel Officer shall determine when examinations are necessary. If there is a vacancy or one is anticipated, procedures governing an examination will be conducted as soon as practicable to establish or supplement an employment list.

C. Subject and Methods of Examinations
The examination content shall be determined or approved by the Personnel Officer, and at his/her discretion, the method of examining applicants may involve:

1. Any evaluation of education, experience, or skills or tests which fairly evaluates the relative capacities of the applicants.Examinations may consist of: written tests; oral tests; performance tests; evaluations of prior training and performance, experience and/or education; interviews; working style assessments; practical exercises; file review; or any combination thereof. The content of all examinations will be job-related and designed to test knowledge, skills or abilities that help predict successful completion of job duties.

2. Physical

2. A physical, medical, and/or psychological test may be made a part of any examination. Appointments to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or jobrelated medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made.

When Ssuch tests are required, they shall be made at the Ccity's expense, by a duly licensed physical or professional psychologist.health care provider.

Promotion to each class above the Firefighter and Police Officer level within the Fire and Police services shall require that the candidate have qualified in a medical examination within two years prior to the date of appointment.

3. Background Investigation. A background investigation may be made a part of any examination. Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check. It shall be conducted at the City's expense.

4. Qualifications Appraisal Board. In examinations where appropriate, the education, experience, qualifications and other pertinent information about ATTACHMENT NO. 2
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the candidates may be evaluated by a Qualifications Appraisal Board consisting of at least two Board members, and all members shall, during their review, be cognizant of the criterion to be consistently applied to the review of every application. If possible, at least one of the members shall be technically familiar with the character of the work in the position for which the applications
will be examined. The weight to be given the evaluation of the above shall be determined by the Personnel Officer.

5. Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination. Each applicant will be notified by mail whether he or she will continue in the examination process.

6. Job applicants upon receipt of a conditional offer (with the exception of police officer positions) shall submit their fingerprints through Live-Scan to obtain criminal history record information.

3. Polygraph Test. Police candidates must qualify in a polygraph before the appointment becomes final.

4. Fingerprints. No person shall be granted an appointment of any category in the service of the City who has not placed a copy of his/her fingerprints on file with the Police Department. The Chief of Police shall provide reports concerning the outcome of all such fingerprints clearances to the Personnel Officer.

D. Open and Promotional Examinations

1. Examinations may be specified by the Personnel Officer as promotional only, as open only, or as both open and promotional. It shall be the policy of the Personnel Officer and the Personnel Commission to encourage the general practice of promotion within the City service wherever in their view a sufficient number of fully qualified candidates are available and such policy will contribute to a sound and efficiently operating City organization.

2. All examinations which are to be held on either promotional only or on both open and promotional basis, shall be so designated on the examination bulletin.

3. Employees shall be entitled to compete on a promotional basis in the promotional examination provided that they meet the requirements of the class for which the examination is to be held.

E. Conduct of Examinations
ATTACHMENT NO. 2
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1. The Personnel Officer shall determine or approve the manner and methods of preparation of examinations, and by whom they are to be administered. The identity of persons taking written examinations shall remain confidential not be disclosed until after the examination papers of all applicants are marked and a passing score established.

2. Test Review by Candidates
a. Inspection keys will not be provided for form, standardized, or copyrighted tests, or essay, or problem tests not subject to scoring by an absolute standard.
b.a. For a period of Within five working days of immediately following the date of an examination, candidates may file a request with the Personnel Officer to designee to inspect a keyed copy of the written or practical examination; and submit written protests to the Personnel Officer on any items or parts of an examination. c.b. Key inspection of the written or practical examination key shall be at such time and place and under such conditions of supervision as the Personnel Officer or designee shall require. Candidates will not be permitted to copy examination items except to take notes on the one or several under question.
d.c. Within ten calendar days of the examination date, a candidate may submit a written protest or objection to any item(s) in the written or practical examination only. Protests should cite authorities or references, in support and/or reason for challenge to item in sufficient detail to enable the Personnel Officer or designee to understand the objection and to complete any research which is necessary to evaluate the soundness of the protest. Protests based purely on personal opinion without cited authority may not be entertained by the Personnel Officer or designee.
e.d. Upon timely the receipt of the test or item protests, the Personnel Officer or designee shall review the basis for the protests, consulting with subject authorities as appropriate, and make a determination that the item(s) shall stand as keyed, be eliminated from the test, or that the key be modified and test shall be scored or rescored accordingly. In any case, the protestant shall be notified of the Personnel Officer or designee’s decision.

3. Normally, scoring of tests will not be completed pending disposition of protests. However, aAs the needs of the service may require filling vacancies from employment lists, tests may be scored and other parts of the examination, certification and appointment process completed prior to receipt of or City’s response answer to protests. Appointments so made are not subject to any challenge or appeal legal deficiency even should ATTACHMENT NO. 2
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subsequent test rescoring based on a protest alter the rank order of the employment lists.

4. Veteran’s Preference
Honorable discharged veterans of the Armed Forces of the United States, will be given a veteran's preference of five per centum, or five points, which shall be added to the earned total passing examination score in examinations for entrance level positions into the classified service. No veteran’s preference points shall be credited to any veteran's scores on any promotional examination. The words, "Armed Forces of the United States" apply only to the actual Armed Forces of the United States and to members of the National Guard and State Militia only while called into and on active duty as part of the Armed Forces of the United States. A person must have completed his/her required military duty and have in his/her possession an Honorable discharge to obtain the Veteran's Preference.

No applicant will be displaced as a result of another receiving Veteran's preference.

5. Review of Test Scores
a. Within ten (10) days after the date of notification of test scores, candidates may review their answers against the examination key.

The purpose of this review is to assure that papers have been correctly scored according to the official key.
a. Protests to the accuracy of scoring may be submitted to the Personnel Officer, and such corrective measures as appropriate may be taken.
b. Protests to the substance or key of items shall not be entertained as a result of this inspection period.
c. Candidates may review answer sheets for form, standardized, or copyrighted tests if the answer sheet is separate from the test questions. This review is related to verification of scoring.

6.5. Notice of Examination Results. Each candidate who participates in an examination shall be sent written notice of the results of such examination, and if successful, of his/her final earned certification category on the employment list.

F. Rating
Sound Reliable measurement techniques and procedures shall be used in rating the results of tests and in determining the relative ranking of the candidates. At the discretion of the Personnel Officer, failure on any part of an entire examination, may be grounds for declaring that the applicant has failed the entire examination, or that he/she is disqualified for subsequent parts of the examination. The Personnel Officer may also designate any part of an ATTACHMENT NO. 2
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examination as qualifying only, and no numerical weight need be assigned to passing scores in said part.

G. Appeals to Personnel Commission

1. The Personnel Commission shall consider appeals from final ratings in any examination only after such appeals are heard by the Personnel Officer and-denied, where candidates allege noncompliance with Personnel Rules.

2. Appeals must be in writing and include information considered by the Personnel Officer. Upon receipt of such appeals the Personnel Commission shall conduct such hearings and investigations as it deems necessary and if it finds the allegations of the appellant to be matters of fact, it shall recommend corrective action to the City Manager.

ATTACHMENT NO. 2
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RULE V

ELIGIBILITY LISTS
SEC. 5.1 TYPE OF LISTS
A. Promotional Only
B. Open and Promotional
C. Open Competitive Only
SEC. 5.2 ESTABLISHMENT OF ELIGIBILITY CATEGORIESLISTS
A. Upon scoring of all examination components, the names of applicants will be placed in eligibility categories according to composite performance on weighted selection procedures. The categories include: Personnel Officer shall prepare an eligible list of persons with passing grades. Starting with the highest score, the names of eligibles shall be placed on the list in order of their final ratings. If some eligibles have identical ratings, they shall be grouped as one standing for certification purposes. If two or more eligibles have the same total percentage standing on the eligibility list, they shall be ranked in order of their scores in that portion of the examination having the greatest weight. In case this fails to break the tie, the eligible who first filed their application shall be listed first.

1. Highly Qualified – Highest 30 percent of passing scores.

2. Well Qualified – Second highest 30 percent of passing scores.

3. Qualified – Lowest 40 percent of passing scores.

B. If the examination was given on both a promotional and open competitive basis, two lists shall be formed. In case of tied scores, both applicants shall receive similar treatment which shall include certification at the same time, notwithstanding that such action may require an exception to any of these rules pertaining to numbers of persons certified.

SEC. 5.3 DURATION OF LISTS
A. Eligibility lists shall become effective upon the Personnel Officer’s certification that of the lists. were prepared and represent the relative evaluations of the applicants whose names appear on them.

B. If a background investigation is required, applicants shall be referred to the Police Department according to relative performance and certified to the Eligibility List by the Personnel Officer upon successful completion of the background investigation.

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C. The review of the eligibility lists shall be included in the minutes of the Personnel Commission.

D. Eligibility lists shall be effective for a period of one year from the date of their establishment, provided that the Personnel Officer may extend the period not to exceed twelve (12) months. The Personnel Officer may abolish for cause an eligibility list at any time and for any reason before the expiration date of the oneyear period and request a new examination and preparation of a new eligibility list for any class of position.

SEC. 5.4 COMBINATION OF LISTS
The Commission may, upon request of the Personnel Officer, combine successive eligibility lists when insufficient names make such combinations desirable. Names on eligibility lists for the same class of position shall be placed according to their relative evaluation on any merged eligibility list. The names shall be removed one year after initial certification.

SEC. 5.45 REMOVAL OF NAMES FROM ELIGIBILITY LIST
The Personnel Officer may remove the name of any eligible applicant from an eligibility list:

A. On evidence that the eligible applicant cannot be located by postal authorities.

Failure to reply within five (5) working days to a letter requesting information as to availability for appointment, or failure to notify the Personnel Officer of any change of address resulting in the return of letters without forwarding by the U.S.

Post Office, will be considered grounds for removal. With such evidence, Oon submission of a request from the applicant , therefore, giving acceptable reasons as to why the notice was not returned or change of address not filed, the Personnel Officer may restore the name of an eligible candidate to the eligibility list.

B. Upon receipt of a written statement from the eligible applicant declining appointment and stating that he/she wishesd his/her name to be removed from the employment list.

C. If two offers of regular full-time employment in the class for which the eligibility list was established have been declined by the eligible applicant.

D. Upon request of the appointing authority after a determination has been made by the
Personnel Officer that the candidate does not meet job related standards.

SEC. 5.56 ELIGIBILITY LIST PRIORITY
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Priority for consideration for employment shall be given to the various eligibility lists in the following order: Reemployment Lists, Promotional Lists, and Open Competitive Lists.

A. The reemployment list for any position shall consist of the names of regular employees who have been laid off for lack of work or lack of funds from a position in the same class or an equivalent class to that in which the vacancy exists. Such names shall be placed on the reemployment lists in reverse order of layoff. Employees whose positions have been reallocated to a lower class, but who have not been demoted for cause shall also have their names placed on the reemployment list for the class from which their position was reallocated.

B. Promotional lists shall consist of the names of regular employees who have been successful in a promotional examination for a higher class than that which they presently occupy. Probationary employees who compete in a promotional exam process will be certified after completion of initial probationary processes.

C. Open competitive lists shall consist of the names of persons not employed by the City who have been successful in an examination or of employees of the City who have passed the examination, but have not yet attained regular status; or in the case where an examination has been designated as open competitive, only the names of all passing candidates whether regular employees, non-regular employees, or persons not employed by the City, shall be placed on the list in order of their scores.

D. Promotional lists and open competitive lists shall be created as a result of examination as provided in these rules. The names of probationary employees who are laid off for lack of work or lack of funds may be restored to the same eligibility list from which the original appointment was made and in the same rank or category as when the original appointment was made if it is so requested by the appointing authority.

SEC. 5.67 CERTIFICATION FROM ELIGIBILITY LISTS
Appointments shall be made from certified eligibility lists in accordance with the following provisions:

A. If a reemployment list exists for the class, the Personnel Officer shall select the highest number of names from the list as the Personnel Officer deems necessary for the certified eligibility list seven names on such list shall be certified for each vacancy to be filled. If fewer than seven names are on such list, then such number as are on the reemployment list shall be certified.

B. If no reemployment list exists for a class, the Personnel Officer shall select the highest number of names from the promotional list as the Personnel Officer deems necessary for the certified eligibility list certify to the appointing power ATTACHMENT NO. 2
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from the promotional list the highest band of names for each vacancy to be filled.

If there are fewer than seven names in the Highly Qualified, the Highly Qualified and Well Qualified bands will be certified. If there are fewer than seven names in the Highly Qualified and Well Qualified bands, the entire list will be certified. If there are less than seven qualified names on the list, the appointing power may request additional names to be certified from the open competitive list if such list exists.

C. If no reemployment list or promotional list exists, the Personnel Officer shall select the highest number of names certify to the appointing power from the open competitive list as the Personnel Officer deems necessary for the certified eligibility list for each vacancy to be filled., the highest qualified band. If there are fewer than ten names in the Highly Qualified category, the Highly Qualified and Well Qualified bands will be certified. If there are fewer than ten names in the Highly Qualified and Well Qualified bands, the entire list will be certified.

D. When all eligibility lists for a class contain a total of fewer than the number of vacant positions plus two, the appointing authority power may, at its discretion, make provisional appointments until additional names are secured through another examination.

SEC. 5.78 AVAILABILITY OF ELIGIBLES
It shall be the responsibility of eligible applicants to notify the Personnel Officer in writing of any change of address or other change affecting availability for appointment.

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RULE VI
APPOINTMENTS – PROMOTIONAL/ACTING/

REINSTATEMENT/LIMITED SERVICE
SEC. 6.1 APPOINTMENT OF NEW EMPLOYEES
The original hire date of a new employee shall be that of the first day actually worked.

SEC. 6.2 PROVISIONAL APPOINTMENTS

1. It shall be the policy of the City to require all department heads and other appointing authorities, whenever possible, to notify the Personnel Officer of impending or anticipated vacancies in their departments sufficient in advance so as to allow for the establishment of an appropriate open competitive or promotional eligibility list. However, when the demands of the services are such that it is not practicable to give such notification and when no eligibility list or appropriate combination of lists with seven or more names is available, and if it is not practicable to delay appointment until a new employment eligibility list can be certified, the appointing authority may make a provisional appointment to the position. As soon as practicable, but not longer than six (6) months after a provisional appointment has been made, the Personnel Officer shall cause an examination to be prepared, and all positions filled provisionally shall be filled by an appointment from an employment list.

2. In the absence of appropriate eligibility employment lists, a provisional appointment may be made by the appointing authoritypower of a person meeting the qualifications for employment for the position. An eligibility employment list shall be established within six months for any regular position filled by provisional appointment. No person shall be employed by the City under provisional appointment for a total of more than six (6) months or 960 hours in any fiscal year except that the City Manager may with approval of four-fifths of the Council, extend the period of any provisional appointment for not more than ninety days by any one action and shall exceed a total of twelve months. However, any extension provided shall not total more than 960 hours in any fiscal year.

3. A person appointed to a regular position fromon a provisional basis appointment shall not be entitled to credit for the time served under the provisional appointment toward the completion of his/her probationary period and shall be entitled to the same salary and other benefits as an employee appointed from an ATTACHMENT NO. 2
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eligible list except that he/she may not be employed under the provisional appointment for longer than the period authorized herein.

4. No special credit shall be allowed in any examination or the establishment of any employment or promotional lists for services rendered under a provisional appointment.

SEC. 6.3 ACTING APPOINTMENTS TO A HIGHER CLASS
An acting appointment may be made to a higher class or position occupied by a person on temporary leave or disability, such acting appointment shall not exceed 12 months.

Acting appointments shall be made from existing promotional lists. Should no promotional eligibility list exist, acting appointments shall be made in accordance with the provisional appointments section of the Personnel Rules. Upon the return of the incumbent from leave or disability, the acting appointment shall be immediately terminated, and the appointee shall resume regular duties, compensation and privileges as if he/she had continued his/her duties in his/her regular classification. An acting appointment to a higher class or position in a vacant position shall not exceed 960 hours in a fiscal year.

SEC. 6.4 REINSTATEMENT POST RESIGNATION
The appointing authority may, with the approval of the Personnel Officer, reinstate any person who has resigned in good standing, provided that such reinstatement is accomplished within one (1) year of the date of resignation. Such reinstatement action may, at the discretion of the appointing authority, take precedence over any eligibility list except a reemployment list. Any person so reinstated shall be subject to a new probationary period of the same length as established for new appointees to a position in the class. Reinstated Police Officers shall be subject to a probationary period of twelve (12) months.

Any employee who accepts a voluntary demotion from a class in which he/she had regular status may be reinstated to the class from which he/she-was-demoted, provided such reinstatement is accomplished within one (1) year of the date of demotion. Such reinstatement action may, at the discretion of the appointing authority, take precedence over any eligibility list except a reemployment list. Any person reinstated shall be subject to a new probationary period of the same length as established for new appointees to a position in the class.

SEC. 6.5 LIMITED SERVICE APPOINTMENT
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A daily work schedule of less than the number of hours of full-time employment, or a monthly work schedule of less than the number of days of full-time employment, or a yearly work schedule of less than the number of months of full-time employment shall be considered limited service employment. The number of hours, days, or months of service bears to the number of hours, days, or months of service required in full-time employment in each class or position, except for those positions specified in the List of Authorized Positions and Salary Ranges for which the City Council has established a special or flat rate of pay, is to be considered as full remuneration for all service if rendered regardless of the number of hours worked.

SEC. 6.56 TRANSFER
A. Approval of the Personnel Officer
With the approval of the Personnel Officer, an employee may be transferred by the appointing authority from one position to another position in the same class or a comparable class at the same salary level. If such transfer involves a change from the jurisdiction of one appointing authority to that of another, both must consent thereto before the action shall be considered effective, except if the City Manager shall order the transfer, such consent shall not be required.

B. Notification
Whenever possible an employee being considered for transfer shall. be notified within a reasonable period in advance of the effective date of such contemplated transfer and his/her wishes with respect to this action shall be taken into account to whatever extent practicable, consistent with the interest of efficient operations of the departments concerned.

SEC. 6.7 NEPOTISM
A. Inconsistent Relationships
The City of West Covina retains the right:

1. To refuse to place one party to a relationship under the direct supervision of the other party to a relationship where such has the potential for creating adverse impact on supervision, safety, security, or morale.

2. To refuse to place both parties to a relationship in the same department, division, or facility where such has the potential for creating adverse impact on ATTACHMENT NO. 2
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supervision, safety, security, or morale, or involves potential conflicts of interest.

3. To maintain or adopt bona fide health plans which provide additional or greater benefits to employees with dependents than to those employees without or with fewer dependents. Where such a bona fide health plan discriminates against individuals on the basis of marital status, benefits shall not conditioned upon whether an employee is "head of household," "principal wage earner," "secondary wage earner," or other similar status.

B. Creation of Relationship - Current Employees
Upon the marriage or other creation of relationships due to marriage or adoption of two city employees, the Personnel Officer shall be notified in writing by the employees involved and the department head(s). Notification of new or impending relationships shall include the anticipated effect of relationship and recommendation as to possible action to be taken in assuring continued efficient departmental operation (s). The Personnel Officer and/or designated representative shall be responsible to consult with the department head (s) and/or specific employees in reaching a recommendation in accordance with previously stated guidelines and the following suggested options. The City Manager shall be the final determining authority in such matters.

1. Definition - For the purpose of this rule, the definition of "relative" or "relationship" shall include persons related in the following contexts by blood or marriage or adoption, including step and half relationships: child, sibling, parent, grandparent, grandchild, in-laws.

2. The employment relationship is acceptable if no adverse impact is anticipated; related employees are not in a supervisorial relationship or in direct contact in the same or related departments; the relationship will in no .way detrimentally affect departmental operations.

3. Transferring one relative to an unrelated department may be approved where problems occur or are anticipated.

4. Adjustment of shifts may be approved if it is believed the relationship will interfere with the work environment.

5. Termination of one of the related employees may be recommended if the department head(s) find the problems involved in the employment relationship are irresolvable.

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6. A relationship created between a full-time employee and a department head, the City Manager, or an elected official, will be evaluated on the same basis as the creation of a relationship between classified City employees.

C. Effect on Current Employees
Relatives currently employed by the City on the date of the passage of this rule shall not be affected by the provisions of this rule except:

1. If continued employment in specific area has or is proven to be detrimental to departmental or City operations, in which case the provisions of 21.5 shall apply.

2. In the case of a potential promotion or transfer or related employees, should such action prove detrimental to departmental or City operations, all provisions of this rule shall apply.

D. Full-Time Employment

1. No person shall be hired in a full-time position who is related to the City Manager/Personnel Officer or a member of the City Council.

2. No person shall be hired in a full-time position who is related to any department head, or to any elected official other than City Council members. In cases where no conflict is evident, the City Manager shall have the authority to approve exceptions to this subparagraph 2.

3. No person shall be hired in a full-time position in a department where a relative is employed or in a department which is closely related Police, Fire, Communications to a department in which a relative is employed.

4. When the positions involved are sufficiently unrelated so as not to cause, require or readily permit a supervisorial relationship, direct or indirect contact, or otherwise in any way detrimentally affect department or City operations, the City Manager upon recommendation of the department head may authorize an exemption from paragraph 3.

E. Part-Time Employment
No person shall be hired in a part-time position, in a department, who is related to the department’s director.

SEC 6.6 EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC PARTNERS A. Policy
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The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

B. Definitions
(a) “Relative” means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
(b) “Spouse” means one of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by California law. (c) “Supervisory relationship” means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to his or her City appointment.

C. Employment of Relatives
The City will not appoint, promote or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any of the following would result:
(a) A direct or indirect supervisory relationship between the relatives; (b) The two employees having job duties which require performance of shared duties on the same or related work assignment;
(c) Both employees having the same supervisor; or
(d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.

D. Spouses or Domestic Partners
The City will not appoint, promote, or transfer a person, to the same department, division, or facility in which the person’s spouse or registered domestic partner already holds a position, if such employment would result in any of the following:
(a) One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
(b) Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.

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E. Marriage or Domestic Partnership After Employment
(a) Transfer: If two City employees who work in the same department later become spouses or domestic partners, the Personnel Officer has discretion to transfer one of the employees to a similar position in another department, or modify the work schedule of one of the employees. Although the wishes of the two employees will be considered, the Personnel Officer retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security or morale. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary appeal due process. (a)(b) Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Personnel Officer finds to be consistent with the City’s interest in the promotion of supervision, safety, security, or morale, then the Personnel Officer retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post-disciplinary procedural due process or appeal.

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RULE VII

PROBATION
SEC. 7.1 PROBATIONARY STATUS
A. Any persons, other than those specified as unclassified, holding positions of employment in the classified service shall be regarded as holding their positions or employments at-will. as probationers who are serving A probationary employee shall serve out the balance of his or her their probationary periods before obtaining regular status.

B. During the probationary period the employee may be rejected at any time with or without cause or reason, without notice or right of appeal or grievancehearing.

SEC. 7.2 PROBATIONARY PERIODS
A. The probationary period shall not include time served under a temporary appointment, but shall include time served as a provisional employee. Periods of time on leaves longer than 30 days require that the probationary period be extended a period of time equal to the amount of time spent on leave.

B. Length of Probationary Period

1. With the exception of police officers and firefighters, all original and promotional appointments shall be for a probationary period of twelve (12) months. one (1) year. All original and promotional appointments to the position of police officer, excepting lateral entry appointments, shall be for a probationary period of eighteen (18) months. Lateral entry and reinstated police officers shall serve a probationary period of (1) year.

2. Probationary Period-Transfers
Whenever a transfer is made, at the initial request of the employee, the transfer shall be subject to the employee satisfactorily completing a six (6) month probationary period provided that there are six months left in the period.

3. Extension of Probationary Period
At the discretion of the appointing authority, any employee serving a probationary period may at the conclusion of such period have his/her probationary period extended for an additional six (6) months, but for no longer. Prior to the end of the probationary period, tThe appointing ATTACHMENT NO. 2
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authority shall notify the Personnel Officer of such contemplated extension of the probationary period.

SEC. 7.3 REGULAR STATUS
A. An employee’s status shall be considered regular upon completion of the probationary period only if the appointing authority reports to the Personnel Officer that the services of the employee have been satisfactory, and that the employee is recommended for regular status, and upon the employee having received written notification from the Personnel Officer of regular status and completion of the probationary period..

B. If recommendation is made for rejection of the probationer by the appointing authority, he/she shall notify furnish a written report to the Personnel Officer indicating the individual did not meet conditions of probation.

SEC. 7.4 REJECTION DURING PROBATIONARY PERIOD OF PROMOTED

EMPLOYEES
A. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he/she was promoted, unless he/she is discharged for causea reason, as provided in this division and the rules, which would have been sufficient to cause his/her discharge from his/her former position as well. In such case, the employee shall be entitled to appeal his/her dismissal as provided in these rRules.

B. Employees promoted to a higher class while on probation in a lower class and who subsequently fail to perform satisfactorily in the promoted position will be entitled to return to their former position provided the position is vacant or has not been eliminated.

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RULE VIII

PERFORMANCE EVALUATIONSREPORTS
SEC. 8.1 POLICY
It is the policy of the City that regular reports be made as to the efficiency, competency, conduct and merit of its employees. To this end, it is the responsibility of the City Manager, the department heads and their subordinate supervisors that these ratings be made. It is the responsibility of the Personnel Officer to provide and prescribe the forms and procedures to be used in such reports of performance and to assist in the training of supervisory personnel so that the program of performance reporting will be carried on in a consistent sound and effective manner.

SEC. 8.2 AUTHORITY TO MAKE REPORTS
The appointing authority shall have the authority to prepare reports of performance.

He/she may, however, delegate said authority to such subordinate supervisory employees whoas are most familiar with the work of their subordinate employees to be reported on, provided that he/she shall review and approve all performance evaluations reports of personnel under his/her jurisdiction.

SEC. 8.3 TIME FOR REPORTING
A. Probationary Employees
Within ten (10) days prior to the completion of every three (3) months during the probationary period, the department head shall furnish the Personnel Officer with a report as to the progress and capacity performance of the probationary employee, a copy of which shall also be furnished to the probationary employee er.

B. Regular Employees
A performance evaluation report for a regular employee shall be prepared and received within thirty (30) days after his/her anniversary dates., The employee’s anniversary date is the employee’s date of hire except for employees who have been promoted, in which case a performance evaluation shall be completed on the anniversary of the employee’s date of last promotion. provided that In addition, the employee may in addition be given a report of performance at any other time during the year upon his/her request or at the discretion of the appointing authority., and provided Ffurther, that any employee who has been ATTACHMENT NO. 2
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rated "improvement needed" or "unsatisfactory" shall be reported on again three (3) months from receiving such rating and again three (3) months subsequent to that.

SEC. 8.4 SALARY ON NON-DISCIPLINARY DEMOTION
It is acknowledged that one of the prime benefits of a sound performance rating system is that it can bring together the employee and his/her supervisor in a frank and constructive discussion and appraisal of the employee's work and the specific ways in which it may be improved. Therefore, each performance report shall be thoroughly discussed with the employee with this view in mind. The employee shall sign the report to acknowledge its contents. Such signature shall not necessarily mean the employee endorses the content of the report.

SEC. 8.5 DISTRIBUTION OF REPORTS
Reports shall be prepared in Tthree (3) copies of the performance evaluation shall be prepared. After review and approval of the appointing authority, one (1) copy shall be retained by him/her for his/her files, one (1) copy provided to the employee, and one (1) copy shall be transmitted to the Personnel Officer. The Personnel Department copy shall be maintained in made a part of the employee's personnel file employment history.

SEC. 8.6 PERFORMANCE RATINGS
A. Effects of “Improvement Needed” and “Unsatisfactory” Ratings

1. Any employee who receives an “unsatisfactory” or “improvement needed” rating will not be eligible to be appointed to off of any promotional list until a satisfactory rating is established.

2. Any employee who receives an "unsatisfactory'' or "improvement needed" rating will not receive any 5th step merit salary increase during the period following the report in which the "unsatisfactory" or "improvement needed" rating is effective. If an employee receives one "improvement needed" rating and subsequently is granted a merit or length of service salary increase, due to a satisfactory rating within the year following his/her "improvement needed" or "unsatisfactory" rating, such increase shall be withdrawn if his/her next report
of performance contains a rating of "improvement needed" or "unsatisfactory." Nothing herein shall prohibit an appointing authority from ATTACHMENT NO. 2
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removing the "5" merit step when performance no longer qualifiesd an employee for it.

3. In any case, where an employee is rated “unsatisfactory” on two (2) consecutive occasions or “improvement needed” on three (3) consecutive occasions, further disciplinary action shall be taken by the appointing authority as provided for in these rules, if such action has not already been taken.

4. If an employee who has been denied a merit salary increase improves his/her performance to such extent that the appointing authority believes it is justified, he/she shall indicate the improvement on the report of performance form and may specifically recommend the restoration of any merit increment withheld and or merit increase anniversary date changed under the provisions of this rule.

B. Protest of Ratings
In any case of protest to an overall rating in a report of performance, the provisions of Rule XV shall apply provided, however, that the decision of the City Manager shall be final.

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RULE IX

HOURS OF WORK/OVERTIME/COMPENSATORY TIME
SEC. 9.1 POLICY
It is the policy of the City that the hours of work, as negotiated by unit or determined by the City Council for non-represented employees, shall constitute a week’s work for all full-time employees, except that work days and work weeks of a different number of hours may be established in order to meet the varying needs of the different City Departments.

SEC. 9.2 WORK PERIODS
The work period for non-safety employees and certain designated safety employees shall be 7 consecutive 24-hour periods. Forty hours are normally worked during this period. The work period for fire suppression employees shall be 27 consecutive 24-hour periods during which 216 hours are normally worked.

SEC. 9.23 DAILY HOURS OF WORK
Daily hours of work or shifts for employees within departments shall be assigned by department heads as required to meet the operational requirements of said departments. The normal work shift for non-public safety employees and certain designated safety employees may be eight hours per day, nine hours per day, ten hours per day, twelve hours per day, or twelve and one-half hours per day as determined by the department. Fire suppression employees have a work shift of 24 hours.

SEC. 9.34 CHANGE IN WORKING HOURS
Any foreseeable absence or deviation from regular working hours desired by an employee shall, in advance, be cleared through the office of the Personnel Officer, and such absence shall be noted on the employee's time sheet.

SEC. 9.45 HOLD-OVER COMMUNICATIONS
When conditions necessitate, employees in the Communications Department and sworn employees in the Police Department shall be required on a mandatory basis to hold over past the end of their normal shifts and or to be called back to work during their off- ATTACHMENT NO. 2
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duty time. Such action shall be taken during emergency situations as determined by the department head, including when staffing drops below department set minimum levels.

Approved overtime for Fire Department employees entitled to it also shall include time worked in excess of 15 minutes as an extension of a regular scheduled shift, to be compensated on the basis of 15- minute increments.

SEC. 9.56 FIRE SUPPRESSION
A. In the Fire Department, employees classified as Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Captain, and Assistant Fire Battalion Chief, will normally serve on the 3-platoon system; each platoon is required to work 121.75 regularly scheduled 24-hour shifts per year, and every shift is composed of 24 hours.

B. Each Fire Department employee classified as a Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Captain and Assistant Fire Chief in these classes normally works a stated total of 2922 hours per year (56.19 hours per week).

C. For purposes of equating vacations, holidays, sick leave, and similar benefits related to stated working time, it is the policy of the City that the ratio between general City employees and Fire platoon employees shall be determined by using a 1 to 1.5 factor; provided, however, that the base hourly rate for overtime purposes shall be computed by multiplying the monthly base salary by twelve and dividing said product by 2922.

SEC. 9.620 OVERTIME
It is the policy of the City of West Covina to avoid the necessity for overtime work whenever possible. However, when overtime is necessary and approved by the department head, payment will be at time and one-half for all hours worked in excess of the normal daily work shift. Vacation, sick leave, holidays, jury duty and compensating time off shall be considered hours worked.

For employees covered by the 7(b) or 7(k) exception to the Fair Labor Standards Act on the 3/12 or 3/12-1/2 work schedule, work performed in excess of the normal daily work shift will be paid at the straight time rate of pay, until the employee has reconciled the hours owed to the city. Once the employee has reconciled the hours owed to the City, the remaining overtime work is paid at time and one-half.

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Fair Labor Standards Act (“FLSA”) overtime is defined as all hours worked by nonexempt employees in excess of 40 hours in an established workweek.

A. Overtime Authorization

1. If in the judgment of the department head, work beyond the established work weekworkweek is required by his/her employees, such work, except in the case of immediate emergency, shall be performed only with the prior authorization of the Division Managersupervisor. Performing overtime work without prior authorization is grounds for discipline.

2. In emergencies, where prior authorization cannot be issued, the employee shall make a request department head shall obtain approval for the overtime worked at the earliest opportunity thereafter, in no case to exceed five calendar days after the day in which the overtime is worked.

3. An emergency shall be construed as an unforeseen combination of circumstances, which calls for immediate action, where life, health, safety, welfare, or security are involved.

B. Incidental Overtime
Incidental overtime is not compensable, and may not be credited as overtime.

Incidental overtime is defined as overtime of less than ten minutes in any one day, which is non-recurrent in nature.

C.B. Management Overtime
No department head, assistant department head, or exempt first-line supervisor shall be entitled to any compensation for overtime work except as herein statedprovided in the applicable memorandum of understanding.

1. A first-line supervisor is defined as an employee with the authority to effectively recommend any one of the following:
a. The hiring, transfer, suspension, promotion, discharge, and discipline of any other employee in his/her department or section.

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2. Police Lieutenants and Communications Supervisors will receive paid overtime at the rate of time and one-half for all hours worked in excess of the normal daily work shift.

3. Police Lieutenants will receive premium overtime for call-back for manpower shortages, court and being held over upon the end of shifts due to excessive workload. However, Lieutenants receive straight time pay for training, monthly range obligations, and being held over at end of shift to complete reports or perform other functions that were started on the shift, but not completed prior to end of shift.

4. Fire Suppression is on a 27 day work period, during which they “normally” work 216 hours. The employees in the Fire Department classified as Battalion Chief will be paid overtime in the following manner:
a. Overtime at one and one-half times the regular hourly rate of pay will be paid for shift overtime hours worked in excess of 216 hours in any 27-day cycle. Shift overtime applies only when the incumbent is the assigned on-duty Battalion Chief. For purposes of this subsection, only vacation, sick leave, holidays, jury duty, bereavement, and compensating time off shall be considered hours worked.

No other provisions in the Personnel Rules will apply to the payment of overtime for these Fire Suppression employees.

D.C. The City has established different FLSA work weeks and work periods to correspond to the various work schedules as follows:

1. Police Representation Unit – Law enforcement personnel are subject to the work period under the 28 day work period of 171 hours. (7(k) exception to FLSA.)

2. Fire Representation Unit – Fire suppression personnel are subject to the work period under the 27 day work period of 204 hours. (7(k) exception to FLSA.)

3. Work Week for 5/8 and 4/10 Work Schedule – The 7- day work week shall be fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods period of 40 hours that begins on Sunday at 12:00 and ends on Saturday at 11:59 p.m.

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4. Work Week for 9/80 Work Schedule – 7 day work week shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods period of 40 hours as follows:

Employees working a 9/80 work schedule will have a regular day off every other week as determined by the City. For such employees working a 9/80 work schedule, each employee’s designated work week shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds to the employee’s alternating regular day off. a. Work week begins on Monday at 12:00 p.m. and ends the following Monday at 11:59 a.m.
b. Work week begins on Friday at 12:00 p.m. and ends the following Friday at 11:59 a.m.

General Employees Association – Semi-annual work period of 1040 hours. (7(b) exception to FLSA.)
Work Week for 3/12 Work Schedule -– 7-day work week shall be a fixed and regularly recurring period of 168 consecutive hours consisting of seven (7) consecutive 24-hour periods as follows:

Employees working a 3/12 work schedule will have a regular day off every other week as determined by the City. For such employees working a 3/12 work schedule, each employee’s designated work week shall begin exactly four hours after the start of his/her eight hour shift on the day of the week that corresponds to the employee’s alternating regular day off.

SEC. 9.740 COMPENSATORY TIME OFF
A. Upon the approval of his/her supervisor, an employee, other than fire safety employees, may elect to receive compensatory time off in lieu of pay for overtime hours worked. Such compensatory time off shall be credited to the employee’s account on a time and one-half basis; i.e., one and one-half hours for each overtime hour worked.

B. Once compensatory time off is selected and approved by the department head, the employee may not request cash payment. Upon separation, an employee shall be paid for accumulated compensatory time.

C. The department head may set individual employee accumulation ceilings and procedures based on the needs of the department. These individual employee ATTACHMENT NO. 2
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accumulation ceilings may not exceed the following maximum limits set forth in employee’s Memoranda of Understanding;

1. 80 hours – Public Safety Dispatcher

2. 40 hours – Miscellaneous employees
D. Department management will endeavor to schedule compensatory time off to the mutual satisfaction of employee and department unless the use of CTO on the day requested will cause undue disruption to department operations.

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RULE X
LEAVES
SEC. 10.1 TIME OFF BENEFITS FOR SHIFT EMPLOYEES
Holidays, vacations, sick leave, and other similar "time off" benefits granted City employees by these rules will be provided to all employees at the rate of eight (8) hours regardless of actual length of work day shift, unless otherwise stated in these rules or applicable MOU.

Leave benefits for fire safety employees working a twenty-four (24) hour shift shall be calculated on the basis of one and one-half times the hourly benefit granted to employees working an eight (8) hour day.

SEC. 10.25 HOLIDAYS
A. Class I Holidays for all Employees

1. Recognized hHolidays for all officers and employees shall be: New Year’s Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, and Christmas Day., However, provided that on any day appointed by the President or by the Governor as a special or limited holidays, City offices shall be open and shall function in their normal and usual manner, and all other public functions shall be performed as on days which are not holidays. (Resolution #7990.5 & #7989 – 1/87)

2. A special or limited holiday is hereby defined as a holiday applying only to a special class or classes of business, or a special class or classes of persons and not appointed to be generally observed throughout the state by all classes of business and all classes of persons. The West Covina City Hall will remain open on all limited holidays unless the Council takes official action to close it.

3. Non-shift employees, in the Police Representation Unit, who work on the 4/10 work schedule shall be paid 10 hours for each holidays stated in

10.5. A.1.

B. Class II Holidays
Class II Holidays are specified in the applicable Memoranda of Understanding.

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1. Class II Holidays – General, Maintenance, Communications, Fire Prevention and Management
Washington’s Birthday, the day after Thanksgiving Day, the day before Christmas unless Christmas falls on a Saturday, Sunday, Monday, and 40 floating personal leave hours per year to be taken at times specified in administrative guidelines. (Resolution #7990.5 & #7989 – 1/87)

2. Class II Holidays – Police Representation Unit
Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Admission Day and Veteran’s Day, and the day after Thanksgiving Day.

3. Class II Holidays – Fire Suppression
Holidays shall be paid on the basis of one per month with no specific date designated to all classifications. If an employee terminates prior to the effective date of the traditional holiday, the holiday pay will be deducted from the final check.

4. Class II Holidays – Non-Shift Employees in Police Representation Unit Washington’s Birthday and the day after Thanksgiving for employees on the 4/10 work schedule shall be paid at 10 hours for each holiday. The remainder of the holidays listed in 10.5. B.2 will be discontinued and instead employees will accrue 16 hours of compensatory time.

B.C. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is Monday through Friday, when a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed.

For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to straight time compensation for the holiday. This compensation can be taken as either compensatory time or pay, at the discretion of the employee. (Resolution #8316 - 3/89)
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C.D. Compensatory Time for Holidays
Any employee whose regular schedule requires him/her to work on a holiday shall be given compensating time off for such work or paid the straight daily equivalent of his/her salary at the discretion of the department head.

D.E. Exception to Holiday Benefit
This section shall not apply to any employee hired on a part-time temporary, extra help, hourly, or daily basis. A temporary employee who is filling a full-time position, during the absence of a regular employee on military leave of absence for military duty, shall be entitled to the same holidays as a regular employee.

E.F. Employees are eligible to receive credit for holidays only if they are in “paid status” on the regularly scheduled work day or shift immediately preceding the holiday and the regularly scheduled work day or shift immediately following the holiday. “Paid status” includes vacation, sick leave; compensatory time, injured on duty, etc.

SEC. 10.310 ADMINISTRATIVE LEAVE
A. Purpose
Administrative leave is granted to selected "management and confidential" designated positions. The purpose of such leave is to provide limited time off with regular compensation in recognition of the amount of time beyond the regular business week that is spent by such personnel on City business. No management employee shall otherwise be entitled to compensation for overtime unless specifically so designated. Administrative leave time cannot be carried over into the next calendar year, nor is it convertible to any form of cash compensation upon separation.

B. Administrative Leave - Management
A minimum of 56 hours per year of administrative leave (pro-rata based upon date of hire or entrance into management) is granted to management employees other than Communications Supervisors and Police Lieutenants. Additional administrative leave, based on annual vacation earnings, may be granted. Such additional leave time shall be calculated at the rate of twenty-five percent of an employee's annual earned vacation rate as of January 1 of each year. The use of ATTACHMENT NO. 2
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management leave is to be in accordance with current and future guidelines approved by the City Manager. (Resolution #7990 - 1/87) C. Administrative Leave - Confidential
Up to a maximum of 56 hours per year of aAdministrative leave (pro-rata based upon date of hire or entrance into confidential) may be awarded to confidential employees based upon terms outlined the memorandum of understanding extra hours contributed by the employees as evaluated and approved by the respective department head. (Resolution #7990 – 1/87)
SEC. 10.315 PERSONAL FLOATING HOLIDAY LEAVE
A. With the exception of Police Lieutenants and Fire Battalion Chiefs, all management/confidential employees, and employees in the general, maintenance, and communications representation units are entitled to 40 hours per calendar year as floating holiday personal leave time, which is usable subject to the approval of the department head or the designated authority. Floating holiday Personal leave becomes usable on January 1 of each calendar year and must be used by December 31 of the same calendar year. Personal Floating holiday leave time may not be carried over into the next calendar year nor may the hourly equivalent by paid in lieu of time off.

B. Personal Leave – Public Safety Dispatchers & Senior Communications Operators
Public Safety Dispatchers & senior Communications Operators may have the choice of Alusing their personal leave days as such, adding them to vacation, or taking direct cash payment in lieu of time off. Approval of such requests shall be subject to staffing requirements as determined by the department head.

C.B. Personal Floating Holiday Leave – New Employees
New employees are not eligible to use floating holidaypersonal leave until they have been continuously employed with the City for a period of one month.

New employees appointed after the beginning of the calendar year are entitled to personal floating holiday leave days at a rate of 3.331.54 hours per pay periodmonth of employment. If the hire date is before the 12th of the month, the employee will receive credit for that month.

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D.C. Floating HolidayPersonal Leave – Reinstated Employees Reinstated employees shall receive credit for all prior service in the current year in ascertaining the number of days/hours usable and when they may be used.

E.D. Floating HolidayPersonal Leave – Terminating Employees

1. Terminating employees who have not used all the floating personal holiday times that they are entitled to shall be paid off at the rate of 3.33 hours per month of employment in the current calendar year. If the employee's termination date is after the 18th of the month, the employee will receive credit for that month.

2. If terminating employees have taken more floating holiday personal leave time than they are entitled to, the amount of time taken in excess shall be deducted from vacation, sick leave pay-off, or salary when final checks are computed.

SEC. 10.420 VACATION
A. Vacation Accrual

1. Accrual Rates
If not otherwise defined in a MOU, agreement or policy, eEach full-time employee shall accrue vacation leave with pay at the rate of 6.67 hours of a working day per month for each month of service with the City up to and including 60 months of service, and at the completion of 60 months of service, 40 additional hours vacation shall be granted; from 61 up to and including 108 months, vacation shall be earned at the rate of ten (10) hours per month; and from 109 up to and including 120 months, vacation time shall be earned at the rate of 10.67 hours per month; and from 120 up to and including 132 months, vacation time shall be earned at the rate of 11.33 hours per month; and from 132 up to and including 144 months, vacation time shall be earned at the rate of 12.00 hours per month; and from 144 up to and including 156, vacation time shall be earned at the rate of 12.67 hours per month; and from 156 or more months, vacation time shall be earned at the rate of 13.33 hours per month, up to a maximum not to exceed 160 hours earned vacation per year.

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2. Management New Hires
Each management employee shall be granted, upon completion of one year of employment, at the employee’s first anniversary date, a maximum of 160120 hours of vacation leave with pay. Additional vacation, based on length of service, will accrue pursuant to these rules.

3. Lateral Entry Employees
Any person employed on the lateral entry program at a salary in excess of the beginning salary fixed for the class and who has completed five years of service with a prior employer, performing the same or similar duties shall be eligible for 120 hours vacation leave with pay upon the completion of eighteen months of service with the City. Thereafter, for the purpose of computing the employee's future vacation he/she shall be deemed to have completed sixty months of service.

4.3. Reinstated/Reemployed Employees
Any employee who is reinstated or reemployed under the provisions of these rules shall accrue vacation at the same time as prior to his/her termination.

5.4. Ineligible Employees
No vacation with pay is allowable to part-time, emergency relief, seasonal, temporary, or extra help employee, nor to employees paid solely on an hourly or daily basis. Provided, however, that a temporary employee who is filling a position in which a person on military leave has regular classification and the right to return, shall be entitled to the same vacation as he/she would have been entitled to had he/she not been on temporary employment.

B. Vacation Use

1. New employees – Upon completion of six (6) consecutive months of service, may be credited with one-half of the annual vacation earnings, ATTACHMENT NO. 2
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and may begin using such accrual. Thereafter, employees may use vacation as they complete each month of service.

4. If a holiday falls within a scheduled vacation period, 8 additional hours of vacation shall be granted.

5. The Division Managers shall fix vacation periods for department heads.

C. Payment for Unused Vacation

1. Any employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is about to terminates his/her employment, shall be paid for accrued vacation time on the effective date of termination.

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b. Management employees with five or more years of City service, exempt or non-exempt, may receive payment in lieu of up to 120 hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.

2.3. Confidential Employees
a. Confidential employees with less than five years City service, exempt or non-exempt, may receive payment in lieu of up to 40 hours accumulated vacation time in any calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.
b. Confidential employees with five or more years of City service, exempt or non-exempt, may receive payment in lieu of up to 80 hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of department head.

SEC. 10.521 SICK LEAVE
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A. Allowance/Accumulation
Following completion of thirty (30) days of full-time service, each City employee shall receive 3.69 hours per pay period of sick leave pay. Thereafter, for each pay period of service in which the employee has worked or has been paid for one-half (1/2) or more of the actual number of working days of such month, he/she shall continue to accrue 3.69 hours of credit for sick leave with pay. Unused sick leave may be accumulated without limit.

A part-time, seasonal or temporary employee may use accrued paid sick days beginning on the 90th day of employment.

Following completion of thirty (30) calendar days of continuous full-time service, each City employee paid upon a monthly basis shall be allowed 8 hours of credit for sick leave pay. Thereafter for each calendar month of service in which the employee has worked or has been paid for more than two-thirds (2/3) of the actual number of working days of such month, he/she shall be allowed 8 hours of credit for sick leave with pay. Unused sick leave may be accumulated without limit.

Fire Department employees working on the platoon system shall accrue sick leave under the same conditions as general City employees and at the same rate using the 1:1.5 ratio factor.

B. Lateral Entry Sick Leave
Any person employed by the city for full-time service on the Lateral Entry Program at a salary in excess of the beginning salary fixed for the class and who, at the time of his/her employment, had accumulated unused full pay sick leave by virtue of his/her employment by another public entity, shall be given credit for that accumulated full pay sick leave as if it had been earned in the full-time service of the City of West Covina.

C.B. Reinstatement of Sick Leave

1. Any employee who is reinstated under the provisions of these rules shall be given full credit for his/her unused accumulated sick leave at the time ATTACHMENT NO. 2
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of termination provided, however, that no payoff for accumulated sick leave was received upon termination.

D.C. Use of Sick Leave

1. ApprovalPurposes for Sick Leave
Sick leave is paid leave from work that an employee may use for the following purposes:

Sick leave can only be granted upon the approval of the concerned appointing power or his/her designee in the case of bona fide illness or injury of the employee or in the event of the serious illness or death of a member of the employee’s immediate family.

2. Immediate Family
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No more than 480 hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon members of his/her immediate family and not more than 40 hours (or three shifts for fire platoon employees) of sick leave within any calendar year may be granted to an employee for each absence due to death of his/her immediate family.

The phrase “immediate family” for the use of sick leave, is defined as grandparent, parent, spouse, registered domestic partner, parent-in-law, child, stepchild, grandchild, brother, or sister. is construed to mean the husband, wife, parent, brother, sister, child, and a grandparent or grandchild.

3. Temporary Disability
A city employee who is entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State Labor Code may elect to take that number of days or portions of days of his/her accumulated sick leave, or his/her accumulated vacation, as when added to his/her disability indemnity will result in payment to him/her of his/her full salary. When his/her accumulated sick leave, or vacation, or both are exhausted, he/she is still entitled to receive disability indemnity.

4. Sick Leave Exemptions
No employee shallAn employee may not be entitled to sick leave with pay while absent from duty on account of the following causes:
a. Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct.
b.a. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave.
c.b. Disability or illness arising from compensated employment other than with the City of West Covina.

5. Sick Leave During Vacation
Sick leave shall not be used in lieu of or in addition to vacation. However, an employee who becomes seriously ill on an approved vacation may ATTACHMENT NO. 2
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contact his/her department head and request that sick leave be granted in lieu of vacation for the period of illness. The department head has discretion in approving or disapproving such request.

6. Holiday During Sick Leave
Observed holidays occurring during sick leave shall not be counted as a day of sick leave.

E.D. Proof of Illness or Injury
The department head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of reason for any employee's absence of three two (32) or more consecutive working days for which sick leave was requestedwhere the City suspects the employee is abusing sick leave. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and theimposition of such disciplinary action as may be deemed appropriate.

In the Fire Department, the Department Head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of the reason for any Fire employee's absence of three (3) or more consecutive shifts for which sick leave was requestedwhere the City suspects the employee is abusing sick leave. A failure to supply or provide said certificate shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate.

F.E. Sick Leave Pay-Off Upon Termination

1. Employees in the Communications, General, and Maintenance classifications, upon termination of continuous service, other than by discharge, shall be paid for 50 percent of all sick leave accrued to the time ATTACHMENT NO. 2
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of such termination which is in excess of 320 hours, but does not exceed a maximum accrual of 800 hours.

G. Ineligible Employees
Sick leave is not allowable to part-time, emergency, seasonal, relief, temporary, or extra help employees, nor to employees paid solely on an hourly or daily basis. Provided, however, that a temporary employee who is filling a position in which a person on military leave has regular classification and the right to return, shall be entitled to the same sick leave as he/she would have been entitled to had he/she not been on temporary employment.

H. Physical Examination
Any employee absent from work for a period of three (3) or more consecutive working days, three or more consecutive shifts for Fire employees working a twenty-four (24) hour shift, due to illness or accident may be required to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice with all costs paid by the City.

SEC. 10.22 PILOT PROGRAM – SICK LEAVE, ANNUAL PAYOFF AND ACCRUAL The following sick leave payoff and accrual program was instituted in 1980, as a "pilot program." The program will remain in effect and will be reevaluated by City management. If the program is discarded, the City will revert to its previously effective sick leave program as contained herein.

Sick leave will be earned at the rate of eight hours per month for a possible total maximum of 96 hours per calendar year. Sick leave used during each calendar year will be charged against the current year's earnings.

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By November 30 of each calendar year, the City will determine the amount of unused sick leave for each regular employee. Each employee must carry over to a sick leave "bank" a minimum of 56 hours in December, and may request cash payment for any hours above 56 or may add it to the sick leave bank. If 56 hours of unused sick leave are not available, the number of unused hours must be carried over to the sick leave bank. The current payoff programs at termination or retirement, as detailed in these rules, remain unchanged.

SEC. 10.625 BEREAVEMENT LEAVE
Bereavement – 40 hours (3 shifts for fire platoon/shift employee of said leave per calendar year will be available to an employee in the event of the death of said employee’s “immediate family”, which is defined as grandparent, parent, spouse, registered domestic partner, parent-in-laws, child, stepchild, grandchild, brother or sister. grandparent, parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program. (Resolution #8287) SEC. 10.726 MILITARY LEAVE
Military leave with pay shall be granted in accordance with Section 395 of the Military and Veteran's Code.

Any employee who is on temporary military leave of absence for military duty ordered for purposes of active military training, encampment, naval cruises, special exercises, or like activity as such member, provided that the period of ordered duty does not exceed 180 calendar days including time involved in going to and returning from the duty, but not for inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken for a period not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his/her salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any oneyear of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.

SEC. 10.827 JURY DUTY, WITNESS LEAVE
A. Jury Duty

1. No deductions shall be made from the salary of an employee while on jury duty if he/she has waived or remitted to the City the fee for jury duty paid ATTACHMENT NO. 2
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for hours the employee is scheduled to work. If he/she has not so waived or remitted the jury fee, he/she shall be paid only for the time actually worked in his/her regular position. An employee accepted for jury duty shall immediately notify his/her department head in writing whether or not he/she waives or remits his/her jury fee to the City.

2. A professional fire employee who is subpoenaed or required to appear in court as a witness on job related matters shall be deemed to be on paid leave of absence, while actually in court. Any notification of such appearance shall immediately be reported to the duty Battalion Chief. The employee shall remit to the City Treasurer all fees received except mileage.

3. 4.2. The City will grant an employee required to serve on jury duty, or to report for examination to serve on jury duty, one time for a maximum of 160 hours, paid leave for such purposes during any three consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City." Administrative procedures will govern implementation of this program.

B. Witness Leave
An employee who is subpoenaed or required to appear in court as a witness on job related matters shall be deemed to be on paid leave of absence, while actually in court. Any notification of such appearance shall immediately be reported to the employee’s supervisor for supervisor approval prior to the appearance. The employee shall remit to the City Treasurer all fees received related to the appearance, except mileage
A sworn fire employee who is subpoenaed or required to appear in court as a witness on job-related matters shall be deemed to be on paid leave of absence while actually in court.

SEC. 10.928 FAMILY AND MEDICAL CARE LEAVES (Resolution #8762 – 12/91)
A. Statement of Policy; Concurrent Running of FMLA and CFRA Leaves The City provides family and medical care leave for eligible employees as required by State and federal law. Employees who misuse or abuse family and medical care leave may be disciplined up to and including termination.

Employees who fraudulently obtain or use CFRA leave are not protected ATTACHMENT NO. 2
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by the CFRA’s job restoration or maintenance of health benefits provisions. This Policy is supplemented by the Federal Family and Medical Leave Act (“FMLA”), and the California Family Rights Act (“CFRA”). Unless otherwise stated in this Policy, “Leave” means leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee’s FMLA and CFRA leaves concurrently.

(b) “Parent-in-law” means the parent of a spouse or the domestic partner of the employee.
(c) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.
(g) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
(h) "Grandparent” means a parent of the employee’s parent. (i) “Grandchild” means a child of the employee’s child. (j) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent. (k) “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits him or her to the facility with the expectation that he or she will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
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b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing
treatment under the supervision of the health care
provider. This includes, for example, a course of
prescription medication or therapy requiring special
equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care.

Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave. (See Policy 808, Leave Because of Pregnancy, Childbirth, or Related Medical Condition.)
4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by health care provider.

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6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical
intervention or treatment.
(l) “Health Care Provider” means:
1) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
3) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as
demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4) Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6) Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
(m)“Covered active duty” means: 1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or 2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign ATTACHMENT NO. 2
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country under a call or order to active duty under certain specified provisions.
(n) “Covered Servicemember” means: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. (o) “Outpatient Status” means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (p) “Next of Kin of a Covered Servicemember” means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA.
(q) “Serious Injury or Illness” means: 1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered servicemember incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating; or 2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

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C. Reasons for Leave
Leave is only permitted for the reasons listed below.
(a) The birth of a child or to care for a newborn of an employee; ; (b) The placement of a child with an employee in connection with the adoption or foster care of a child;;
(c) Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition; ;
(d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or designated person who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;
(e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of his/her position;
(f) Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation ;
(g) Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered servicemember of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period; or
(h) Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

D. Employees Eligible For Leave
An employee is eligible for leave if:

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(a) The employee has been employed by the City for at least 12 months; and
(b) The employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave; and
(c) The City directly employs at least 50 full or part-time employees within a 75-mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. This criteria is not required and does not apply for an employee to be eligible CFRA leave.

E. Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered servicemember) of leave during any 12- month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.

F. Minimum Duration of Leave
(a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two weeks duration on any two occasions.
(b) If leave is requested to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild, sibling, designated person or the employee him/herself with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this Policy is required.

G. Parents both Employed by the City of West Covina
If both parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:

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1. The aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12- month period; and

2. Each parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.

H. Employee Benefits While On Leave
(a) Group Health Insurance During Unpaid Leave: Leave under this Policy is unpaid. While on unpaid leave, employees will continue to be covered by the City’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).
(b) Benefit Plans Not Provided through the City’s Group Health Plan During Unpaid Leave Do Not Continue: The City does not pay for benefit plans that are not part of the group health plan for any employee on unpaid leave. As a result, employees will not continue to be covered under the City’s benefit plans that are not provided through the City’s group health plans while the employee is on unpaid leave.
(c) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using his or her paid leave) or direct payments (if the employee is not using his or her paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave.
(d) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee ATTACHMENT NO. 2
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does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.

J. City’s Right to Require an Employee to use Paid Leave when using FMLA/CFRA Leave
Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two exceptions:
(a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; ; and
(b) An employee must agree to use accrued sick leave to care for a child, parent, parent-in-law, spouse, domestic partner, grandparent, grandchild sibling, or designated person.

L. City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City denies the employee’s request and the ATTACHMENT NO. 2
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employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City may require the employee to exhaust accrued leave as described above.

M. Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
(a) Employee’s Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of his or her position. Upon expiration of the time period the health care provider originally estimated that the employee needed for his/her own serious health condition, the employee must obtain recertification if additional leave is requested.
(b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent-in-law, domestic partner, spouse, grandparent, grandchild, sibling, or designated person who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, sibling, or designated person and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, spouse domestic partner, grandparent, grandchild, sibling or designated person. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
(c) Servicemember Serious Injury or Illness: Employees who request FMLA leave to care for a covered servicemember who is a child, ATTACHMENT NO. 2
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spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured servicemember’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.
(d) Qualifying Exigency: The first time an employee requests FMLA leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new active duty orders or similar documentation shall be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA regulations.

P. Personnel Officer’s Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition
(a) Complete and Sufficient: The employee must provide a certification for his or her own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been ATTACHMENT NO. 2
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completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Personnel Officer will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies.
(b) Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee’s own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.

Q. Second and Third Medical Opinions For Employee’s Own Serious Health Condition
If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

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S. Employee Notice of Leave
Although the City are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 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 day(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. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.
(d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee’s own serious health condition, which made the employee unable to perform his or her job, the employee must obtain and present a fitness-for-duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
(e) Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, ATTACHMENT NO. 2
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and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon expiration of CFRA leave.

U. Required Forms
Employees must complete the applicable forms to receive family and medical care leave. The forms may be found at Human Resources.

A. Birth or Adoption
Leaves due to pregnancy or subsequent to the birth or adoption of a child for parental care purposes, will be granted for a reasonable period of time by the City Manager, provided such period, including paid leave and leave without pay, shall not exceed four months. Such leave shall not be conditioned on whether the employee is medically disabled but must be directly associated with the birth or adoption of a child. Only those employees with at least one year of continuous City employment shall be eligible.

B. Family Illness
Leaves due to the serious health condition of a child, spouse or parent of an employee may be granted for a reasonable period of time by the City Manager, provided such period including paid and unpaid leave, shall not exceed four months in any 24 month period. Only those employees with at least one year of continuous City employment shall be eligible. Certification from a health care provider that the employee's leave is necessary and the prospective length of such leave may be required upon request. Family care leave shall be administered in a manner consistent with Sections 12945, 12945.2 and 19702.3 of the California Government Code. California law shall prevail unless preempted by federal law.

C. Use of Paid Leave
Paid benefit time such as vacation, personal leave days, compensatory time and administrative leave may be taken during any family leave period so long as the tota1 time off does not exceed four (4) months. Such leave must be used prior to an employee taking leave without pay except during the disability period of a female employee which is in conjunction with the birth of a child. Sick leave may only be used during the disability period or as provided under Personnel Rule X, ATTACHMENT NO. 2
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Section 10.21, D.2. All employees on family care leave are entitled to return to the same or a comparable position
SEC. 10.1029 LACTATION POLICY
A. Lactation Break Time and Location
The City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid or the employee may choose to use accrued leave.

The City will provide a room or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
 Be shielded from view and free from intrusion while being used to express milk;
 Be safe, clean, and free of hazardous materials;
 Contain a surface on which to place a breast pump and personal items;  Contain a place to sit; and
 Have access to electricity needed to operate an electric battery-powered breast pump.

The City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area.

B. Lactation Accommodation
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An employee may make a request for lactation accommodation, either orally or in writing, with the Personnel Office.

An employee does not believe that the City is providing an appropriate lactation accommodation should immediately inform the Personnel Office.

SEC. 10.113029 WORK RELATED DISABILITY LEAVE (CC Action 1/8/02) A. Entitlement to Leave
Whenever any employees of the City are disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall be entitled, regardless of their period of service with the City, to leave of absence while so disabled, without loss of salary - temporary disability compensation, if any, being considered as and credited to salary for this purpose - for the period of such disability, but not exceeding one year, or until such earlier date as they are determined to be permanent and stationary and unable to return to their usual and customary duties; and the leave of absence, hereby granted shall be in addition to, and shall not be charged to or deducted from, accumulated sick leave except as provided herein. Such leave, however, shall not be paid for more than three days unless and until such employees are determined by the City to be legally entitled to receive benefits under the Worker's Compensation Law of the State of California based upon such injury or illness. When and while applicable, this section shall supersede the provisions of the Grievance Procedure.

B. Salary Step Increases During Leave (CC Action 1/8/02) Relative to non-public safety employees, (1) promotion or step increases which would have come due during a disability leave shall take effect upon the day the employee returns to regular duties in accordance with existing rules; (2) holidays ATTACHMENT NO. 2
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occurring during disability shall not be counted as disability leave days, but shall be considered as holidays for which time off has been utilized; and (3) vacation and sick leave benefits shall continue to accrue during periods of industrial disability leaves.

Such restorations shall be limited to causes where no danger could have been anticipated or precautions and actions taken by the employee to prevent or reduce the injury.

Appeal of Safety Committee determinations provided for in this section shall be made to the City Manager, whose decision shall be final.

SEC. 10.12310 SPECIAL LEAVE OF ABSENCE WITH PAY
When an employee has exhausted all sick leave and vacation time to which he/she is entitled, the City Council may, upon a showing of good cause and justifiable and deserving circumstances, grant to such employee a leave of absence with pay for a period not exceeding six months and subject to such conditions as the City Council may ATTACHMENT NO. 2
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deem advisable. If temporary disability payments are paid to such employee during any such leave of absence with pay, they shall be credited to and considered a part of his/her salary, and the City shall pay only the difference which when added thereto would equal his/her full salary. The aggregate of all such leave shall not be more than one year.

SEC. 10.1335 LEAVES OF ABSENCE WITHOUT PAY
A. Unauthorized Absence – Automatic Termination
Any employee absent from his/her job for more than (2) working days without prior permission of the department head, shall be considered to have automatically terminated his/her employment with the City.

B. Unauthorized Absence – Other Disciplinary Action
Any unauthorized absence may be cause for disciplinary action as provided in these rules.

C. Authorized Absence

2. An employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason.

2.3. If the leave without pay request is in relation to a disability accommodation, then the leave will be determined through the interactive process on a case-by-case basis without aforementioned restrictions.

D. Non-Medical Leave of Absence Without Pay - Duration

1. Request for leave of absence without pay shall be made as prescribed by the Personnel Officer, and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. The Personnel Officer will transmit the request to the Ccouncil, in the case of leaves of more than one hundred twenty (120) ATTACHMENT NO. 2
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calendar days. A request for a leave of one hundred twenty (120) calendar days or less may be approved by the City Manager upon recommendation of the appointing authority. A physician’s statement will be required of employees who request leave of absence without pay as a result of a medical condition.

2. A leave of absence without pay may be granted by the Council for a period not to exceed one year provided that the Council may extend such leave for an additional year.

3. If the leave without pay request is in relation to a disability accommodation, then the leave will be determined through the interactive process on a case-by-case basis without the aforementioned restrictions.

Time spent on such leave without pay shall not count toward service for increases with in the salary range, and the employee's salary increase anniversary date shall be set forward one month for each thirty (30) consecutive days taken.

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SEC. 10.1436 FAILURE TO RETURN FROM LEAVE
A. Failure of the employee to return to his/her employment upon the termination of any authorized leave of absence shall constitute an automatic termination from City service of that employee, unless such leave isbe extended.

B. The Council reserves the right to revoke or cancel any authorized leave for reasons which said Council finds to be sufficient.

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RULE XI

LAYOFF/REEMPLOYMENT
SEC. 11.1 ELIMINATION OF POSITIONS
Public interest may require elimination or curtailment of a public service activity which may, therefore, require the layoff of one or more employees. The following procedure is intended to provide primary consideration to seniority of service.

SEC. 11.2 LAYOFF PROCEDURE
A. Seniority
Seniority is defined as the length of continuous service in the employee's present classification or in higher or equal classes regardless of department to which assigned. When employees have equal seniority for retention in a class, the employee with the greater amount of seniority credit with the Ccity shall have the highest retention priority. "Seniority credit with the City shall be defined as the length of continuous service from the last date of hire by the Ccity, including time spent in the San Gabriel Valley Fire Authority. If a tie occurs, priority shall be determined on the basis of the employee's rank on the certified eligibility list at the time of appointment to that class.

B. On the least seniority basis, Eemployees will be laid off on the least seniority bases in order of the following categories, completely exhausting each before proceeding to the next.

1. Temporary, seasonal and provisional non-regular employees.

2. Probationary, full-time employees in the classified service.

3. Regular, classified full-time employees.

C. When a position within a class is abolished, the following steps shall be observed:

1. The names of all employees occupying positions in said class shall be listed in the order of their lengths of service in said class or in higher or equal classes.

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2. If on this list there is included the names of any probationary or otherwise non-regular employees, the appointing authority shall choose an employee from the three with the least seniority to be laid off for each position to be abolished. The provision of paragraph 4 shall apply to such of these laid off employees who as hold regular status in a lower class.

Thereafter, the appointing authority shall choose an employee to be laid off according to the provisions of paragraphs 2 and 3.

6. In the case of layoffs necessitated by demotion under the above outlined procedures under the above outlined procedures, the same general provisions as above outlined above shall apply in laying off employees in the lower class.

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D. Written Notice of Layoff

1. Any employee to be laid off will be given written notice of layoff not less than fourteen (14) calendar days prior to the effective date of such layoff.

3. Upon receipt of notice of layoff and in order to avoid layoff, an employee may request a demotion in writing to the Personnel Officer within three (3) working days of receipt of layoff notice.

E. Specially Funded Positions

SEC. 11.3 REEMPLOYMENT
A. Reemployment List

3. Employees whose positions have been reallocated to a lower class, but who have not been demoted for cause, shall also have their names placed ATTACHMENT NO. 2
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on the reemployment list for the class from which their position was reallocated.

4. Reemployment lists shall be certified by the Personnel Officer and shall be valid for one year from date of layoff.

C. Prior Service
For the purpose of computing total seniority with the City, an employee reemployed shall have the same prior service credited to them as they had at the time of layoff.

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RULE XII

SEPARATIONS/RETIREMENT
SEC. 12.1 RESIGNATIONS
Ordinarily Aa resignation in good standing shall require the submittal by the employee of a notice of planned resignation. Once submitted a resignation notice may not be withdrawn without the approval of the appointing authority.

SEC. 12.2 SALARY ON NON-DISCIPLINARY DEMOTION
After reaching his/her normal retirement date under the Public Employees' Retirement System, upon request of an employee and the consent of the City Manager, except as to elective officers or officers appointed directly by the City Council, an employee may remain in the active service of the City for such additional period or periods as the City Council may authorize, provided that no one period shall exceed twelve months. The employee's actual retirement date shall be on the first day of any month within the ten year period immediately succeeding his/her normal retirement date.

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RULE XIII

OUTSIDE EMPLOYMENT
SEC. 13.1 POLICY
A city officer or employee shall not engage in any employment, activity, or enterprise which is inconsistent, incompatible, or in conflict with his/her duties, functions, or responsibilities of his/her appointing authority or the department in which he/she is employed, nor shall he/she engage in any outside activity which will directly, or indirectly, contribute to the lessening of his/her effectiveness as a City employee.

B. If the appointing authority determines such activity is compatible, he/she may authorize the activity in writing using the “Outside Employment Form” and sending a copy to the Personnel Office.

C. Said authorization shall be valid only for work and period prescribed herein.

A. Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one’s City office or employment.

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which the officer or employee, if not performing such act, would be required or expected to render in the regular course of his/her City employment or as a part of his/her duties as a City officer or employee.

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RULE XIV

DISCIPLINARY ACTIONS
SEC. 14.1 CAUSES
A. Disciplinary measures may be taken for any good and sufficient cause. The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. Progressive discipline is to be used to assist employees in improving their performance and correcting deficiencies. There may be instances that require proceeding directly to more severe levels of discipline; and the City reserves the right to proceed to any level of discipline, including termination.

Cause may include violation of the Personnel Ordinance or of these rRules or any rules and for regulations of the Police Department or the personnel thereof, any act of insubordination or act detrimental to the public service, or any departmental policy or rule failure, refusal or inability to comply with the duties of the position occupied by the employee, or any other type of misfeasance, malfeasance or nonfeasance relating to his/her duties, office or position. Should there be an investigation to support the disciplinary measure, such investigation shall consider all relevant evidence as the investigator sees fit.

B. Reductions in pay which are part of a general plan to reduce salaries and wages as an economy measure are not disciplinary measures.

SEC. 14.3 KINDS OF DISCIPLINE
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Disciplinary actions include suspensions, demotions, reduction in pay and dismissal.

Oral and written reprimands and counseling memos are considered official warnings and are not disciplinary actions covered under this section. Employees receiving warnings may respond in writing and have such response placed in their personnel file.

A. Cause for Suspension, Demotion, Reduction in Salary, Dismissal An employee with regular status may be demoted, suspended, reduced in pay or dismissed only for cause. Employee may be disciplined for, including but not limited to, any of the following causes of discipline: The following are declared to be causes for such action, although charges may be based upon causes other than those specifically listed:

1. Failure to meet work performance standards and requirements.

2. Discourteous or offensive treatment of the public or other employees.

3. Willful or negligent disobedience of any law, ordinance, rule or regulation, or superior’s lawful order.

4. Excessive absenteeism or absence without approved leave.

5. Misappropriation or damage of public property or public funds through negligent or willful misconduct.

6. Excessive tardiness.

7. Deception or fraud in securing a job appointment, promotion or making a false statement on an application for employment.

8. Falsification of a relevant official statement or document.

9. Possessing or using narcotics, alcohol or controlled substances in City offices, facilities or property, or being under the influence of same while on duty.

11. Improper or unauthorized use of City property.

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12. Failure to exhibit good behavior or conduct, either during or outside of duty hours which is of such nature that causes discredit to the appointing authority or City.

13. Outside employment not specifically noticed to and authorize by the appointing authority.

14. Acceptance from any source of a reward, gift, or other form of remuneration in addition to regular compensation to an employee for the performance of his or her official duties.

15. Improper political activity while on duty such as campaigning or espousing the election or non-election of any candidate in nation, state, county or municipal elections.

16. Dishonesty - acts and statements such as lying, making false entries on records and other actions showing a lack of truthfulness and integrity.

17. Theft

16.18. Abusive conduct, including malicious verbal, visual, or physical actions, or the gratuitous sabotage or undermining of person’s work performance.

SEC. 14.4 DISCIPLINE PROCEDURES DUE PROCESS
A. Notice to Employees
In instances of serious disciplinary actions which result in financial detriment to the employee, i.e., dismissal, demotion, salary reduction, and suspension equivalent to more than 40 hoursfive (5) days or more, written notice of the proposed disciplinary actions shall be submitted to regular employees five (5) work days prior to the effective date of the proposed action. In emergency situations when prior notification is not practicable, an employee may be suspended with pay until such notice is given and until the proposed action becomes effective.

1. The written notice of proposed disciplinary action shall stateinclude the level of the proposed disciplinary action, the effective date, and specific charges upon which the proposed disciplinary action is based, and a summary of the facts that show that the elements of each at issue in the proposed discipline.

2. The written notice of proposed disciplinary action shall include a copy of all inform the employee that he/she may have access to copies of all written materials supporting upon which the proposed disciplinary action is based.

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5. After the Skelly conference and/or timely receipt of the employee’s written response, the Department Head, Division Manager or designee will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Head, Division Manager or designee will provide the employee with a final notice of discipline that contains the following:
- The level of discipline, if any, to be imposed and the effective date of the discipline,
- The specific charges upon which the discipline is based, - A summary of the facts that show that the elements of each charge at issue in the
intended discipline;
- A copy of all materials upon which the discipline is based; and - A reference to the employee’s appeal right and deadline to appeal.

3.6. In cases involving suspension of less than 40 hours, or reduction in pay equivalent to less than 40 hours of cumulative pay, oral notice of proposed action is sufficient prior to imposition. Written order of action shall be given to the employee within five (5) working days after the discipline is imposed.

In cases involving disciplinary action to suspend for more than 40 hours, reduce in pay for the equivalent of more than 40-hours, or dismiss an employee, a written order of such action must be provided within five (5) working days of the effective date. The order shall contain the right of appeal of the imposed action.

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B. Evidentiary Hearing – Right of Appeal
As provided in Section 2-254 of the Municipal Code, any regular employee in the classified service who has been demoted, dismissed, suspended for a period of five work days or more, or reduced in step within his/her range shall be entitled to request a hearing before the Personnel Commission, provided, however, that employees in the position classifications in the Police representation unit shall have the right to appeal a disciplinary suspension pursuant to these rules, and the Public Safety Officer Procedural Bill of Rights Act. Employees in the position classifications in the Fire representation unit shall have the right to appeal a disciplinary suspension pursuant to these rules, and the Firefighters Procedural Bill of Rights..

C. Appeal Procedure

1. Within five (5) workdays of the receipt of the department head's decision, as provided in Section 14.4, or within five (5) workdays of the effective date of a demotion, dismissal,suspension of five days or more, or reduction in pay equivalent to five days or more, if such written notification has not been given, the disciplined employee may make his/her answer or protest to the disciplinary action. Such answer shall be in writing and in three (3) copies and shall be filed with the Personnel Office.

1. The Personnel office shall then forward one (1) copy of such answer to the appointing authority. The appointing authority shall consider such answer and may at his/her own discretion request the Personnel officer to arrange an informal meeting between himself/herself and the employee. The Personnel Officer shall arrange for and attend such meeting.

2. Within three (3) workdays subsequent to such meeting, the appointing authority may revoke, modify, or affirm the initial disciplinary action and shall, in writing, specify his/her intention, together with any further information relative to the case which he/she believes is important. If no meeting between the appointing authority and the employee is held, the appointing authority shall, nevertheless, after consideration of the employee's written answer, specify his/her intentions, together with such further information relative to the case which he/she believes is important.

3. Said written specification of intention by the appointing authority shall be submitted in three (3) copies to the Personnel Officer and the Personnel Officer shall forward one (1) copy to the employee.

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1. Provided that settlement of the matter has not been made, the employee may, within five (5) work days of the receipt of the order final notice of disciplinary action, request in writing a hearing of the matter by the Personnel Commission. Such request shall be filed with the Personnel Officer. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.

2. The Personnel Officer shall then transmit to the Personnel Ccommission, within ten (10) working days, said employee's request together with copies of all the above-mentioned documents pertinent to the case and such other documents and information as may be requested by the Personnel Commission. The Commission may at its discretion designate an independent hearing officer to conduct disciplinary appeal hearings on its behalf. The role of the hearing officer is to set and conduct grievance appeal proceedings, administer oaths, and present findings and nonbinding recommendations to the Commission for their consideration.

3. In the course of hearing the Commission shall cause the employee to appear before it. Thesaid employee may be represented by a representative of his/her choice. The hearing may be conducted by an informal process to facilitate garnering of information and to expedite the entire process.

Within ten (10) days of Upon the conclusion of the Personnel Ccommission's hearing it shall certify its findings and final action shall be taken by the City Manager as provided in Section 2-257 of the Municipal Code.

4. The purpose of the hearing is to determine the accuracy and sufficiency of the facts attendant to the disciplinary action imposed. The appellant and the City shall have the right to introduce evidence and call witnesses on their behalf. Hearings need not be conducted according to technical rules relation to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. Any relevant evidence shall be permitted if it is the type reasonable responsible persons can rely on in the conduct of business. Irrelevant and repetitious evidence shall be excluded.

5. The burden of proof of in disciplinary appeals is the preponderance of evidence.

6. All hearings are closed to the public unless otherwise specifically stipulated by the appellant.

4.7. Communication to the appellant shall be by certified registered mail.

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D. Findings
The Personnel Commission may recommend to sustain or modify the disciplinary action taken when it appears in the record that there was a substantial violation or omission of procedure or where the specific evidence produced in the hearing warrants such recommendation.

E. Reimbursement for Loss of Pay

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RULE XV

GRIEVANCE AND COMPLAINT PROCEDURE
SEC. 15.1 ESTABLISHMENT
In accordance with Section 2-258 of the Municipal Code, these procedures are established in order to provide an adequate opportunityies for Ccity employees to bring forth their views relating to alleged violation of these rules or policies related to any unfair or improper aspects of their employment situation and to seek correction thereof.

SEC. 15.3 DEFINITIONS
A. Complaint: An allegation or charge that the complaining employee has suffered a wrong as a result of management action or inaction.

B. Complaint Procedure: The process by which a determination is made as to whether or not a wrong has been committed.

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

SEC. 15.4 COMPLAINT PROCEDURE
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Step 1. The employee shall discuss any complaint with his/her immediate supervisor.

The supervisor is required to review every complaint and attempt to settle it as quickly and fairly as possible.

Step 2. If the action taken by his/her immediate supervisor is not satisfactory, the employee may take his/her complaint to successive levels of supervision as determined by the chart of administrative organization, up to and including the City Manager.

SEC. 15.5 GRIEVANCE PROCEDURE
Step. 1. The employee shall inform in writing his/her immediate supervisor of his/her grievance and relevant facts within seven ten (107) working calendar days after the employee knew, or in the exercise of reasonable diligence should have known, of the events giving rise to the grievance. At least one conference shall be held between the employee and his/her immediate supervisor after, the employee has expressed his/her grievance. The supervisor shall advise the employee of his/her decision within fifteen fourteen (154) working calendar days following notification of the grievance.

Step 2. In the event such efforts as are specified in Step1 are not productive of a mutually satisfactory solution, the employee aggrieved shall fill out a City Ggrievance Fform. The grievant shall set forth all the facts necessary to an understanding of the issues involved, and refrain from including any unrelated charges or language. The grievance shall include a citation of the sections of the City ordinances, resolutions, or rules alleged to have been violated and then remedy sought by the grievant. The grievance shall be signed by the grievant and submitted to the grievant's immediate supervisor. Within tenseven (107) working calendar days of receipt of a Ggrievance Fform, the supervisor shall inform the grievant of his/her decision.

Step 3. If the grievance is not satisfactorily resolved in Step 2, the grievant may, within tenseven (107) working calendar days after receipt of his/her supervisor's response, submit the grievance to his/her department head. Such submittal shall be by written memo and include the original of the Ggrievance Fform. After receipt of the grievance, the department head will meet with the grievant and make such investigation as is required. Within tenseven (107) working calendar days of his/her meeting with the grievant, the department head shall return the original of the Ggrievance Fform to the employee along with his/her written decision on the grievance.

Step 4. If the grievance is not satisfactorily resolved in Step 3, the grievant may, within tenseven
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(107) calendar working days of receipt of the department head's decision, submit a grievance to the Personnel Officer for consideration by the Division Manager. Such submittal shall include the original of the Ggrievance Fform, a written statement of any issues which are still in dispute, and the specific basis upon which the grievant takes issues with the position of his/her department head. The Division Manager or his/her designee shall take such review and investigative action he/she deems necessary and appropriate and inform the grievant of his/her decision within fifteenfourteen (154) working calendar days of receipt of the grievance.

Step 5. If the grievant is not satisfied with the Division Manager's decision, he/she may, by written notification to the Personnel Officer within tenseven (107) working calendar days of receipt of the Division Manager's decision, request that the grievance be submitted to the PersonnelCommission. The Personnel Officer shall submit said request, together with copies of all the pertinent forms, documents, and materials concerned, to the Personnel Commission. The Commission may at its discretion designate an independent hearing officer to conduct grievance appeal hearings on its behalf. The role of the hearing officer is to set and conduct grievance appeal proceedings, administer oaths and present findings and non-binding recommendations to the Commission for their consideration. The Personnel Commission shall, at its discretion, hold such hearings as it requires and certify its findings as provided in Section 2-257 of the Municipal Code.

The official from whose action the appeal was made shall then review such findings and recommendations with the City Manager and upon approval of the City Manager, shall then affirm, revoke or modify the original action taken. Such affirmation, revocation or modification taken shall then be final.

SEC. 15.6 GENERAL PROVISIONS
A. No retaliation retribution or prejudice shall be suffered by employees making use of the grievance or complaint procedures by reason of such use.

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

D. The grievant shall be entitled to be present at all steps of the procedure.

E. Failure at any step of this procedure to appeal a decision on a grievance within specified time limits shall be deemed acceptance of the decision rendered.

F. The time limits specified at any step in this procedure may be extended by mutual written agreement.

G. The original of the Ggrievance Fform shall accompany all requests for institution of the first step of the grievance procedure.

I. Communications with grievant shall be acknowledged processed by personal signed receipt of document, certified mail or registered mail.

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RULE XVI

EMPLOYER/EMPLOYEE RELATIONS
SEC. 16.1 STATEMENT OF PURPOSE
The purpose of this section is to implement Chapter 10, Division 4, Title I of the Government Code of the State, Sections 3500 et. Seq., by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes concerning wager, hours, and other terms and conditions of employment.

SEC. 16.2 EMPLOYEE RIGHTS
a. Each City employee shall have the right to form, join, and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on all matters of employer-employee relations. Each City employee shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent himself/herself individually in his/her employment relations with the City. b. No person shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of his/her exercise of any of these rights.

SEC. 16.3 RECOGNITION OF EMPLOYEE ORGANIZATIONS
Every employee organization that desires recognition shall initially and annually, and not later than thirty (30) days prior to the expiration of the previous year’s recognition, file with the City Manager for transmission to the Personnel Commission a declaration signed by its authorized officers. In the absence of a prior recognition, a declaration shall be filed in July. Such declaration shall be signed by the authorized officers containing:

J. The name and mailing address of the organization.

K. The names and titles of its officers.

L. The names of the representatives of the organization who are authorized to speak on behalf of its City members.

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M. A statement that the organization includes City employees who are members and who have designated the organization to represent them and specifies the total number of such employees.

N. If applicable, a designation of the job classifications or titles of those employees in a proposed representation unit which the employee organization claims to be appropriate and the number of member employees therein. The organization shall request that the Personnel commission and the City Council recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate. The Personnel Commission may, subject to the approval of the City Manager and the City Council, order that an independent auditor be used and compensated by the City to determine from the records of the employee organization the actual number of employees included in the proposed representation unit who are members of the employee organization. If any employee organization desiring recognition denies the independent auditor access to its records, the Personnel Commission shall report to the City Manager and City Council the number of members of the organization whose dues are collected by payroll deduction. This number will then be considered the official membership in the employee organization until such time as the employee organization supplies the necessary information through the independent auditor.

O. A statement whether the organization is a chapter, or local of, or affiliated with, a regional state, national, or international organization, and if so, the name and address of each such affiliated organization. The statement shall also include the names of all other cities within the county in which the organization has been recognized for the purpose of representing employees of the City with respect to salaries, wages and working conditions.

P. A Statement that the organization has, as one of its primary purposes, representation of City employees in their employee relations with the City.

Certified copies of the organization’s constitution and by-laws or any other document which verify this purpose shall be included as part of the declaration.

Q. A designation of those persons not exceeding two (2) in number and their addresses to whom notice sent by regular United States mail will be deemed sufficient notice to the organization for any purpose.

R. A Statement that the employee organization recognized that the provisions of Section 923 of the Labor Code are not applicable to City employees.

SEC. 16.4 EMPLOYEE ORGANIZATIONS – DETERMINATION OF APPROPRIATE UNIT
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A. The Personnel Commission, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion in making this determination is whether there is a community of interest among such employees. The following factors, among others, are to be considered in making such determinations:

1. Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article.

1. The history of employee relations:
a. in the unit;
a. among other employees of the City; and
b. in similar public employment.

2. The effect of the unit on the efficient operation of the City and sound employer-employee relations.

3. The extent to which employees have common skills, working conditions, job duties or similar educational requirements.

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

5. No unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.

B. In the establishment of appropriate units:

1. Professional employees shall not be denied the right to be represented separately from non-professional employees; and

1. Supervisory, management or confidential employees shall not be included in the same unit with non-supervisory, non-management, or nonconfidential employees for purpose of meeting employees on matters with the scope of representation.

SEC. 16.5 LIST OF RECOGNIZED ORGANIZATIONS
The City Clerk shall maintain a current list of recognized employee organizations.

Recognition shall be effective for twelve (12) months following the date of official action by the City Council.

SEC. 16.6 CITY REPRESENTATIVES
A. In addition to his/her other duties, it shall be the duty of the City Manager or designee to meet at reasonable times and confer in good faith with ATTACHMENT NO. 2
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representatives of recognized employee organizations regarding wages, hours, and other terms and conditions of employment.

B. Meetings with respect to wages, hours, and employee benefits constituting a part of compensation shall commence not later than one hundred fifty (150) days prior to the expiration of any memorandum of understanding. In the absence of a memorandum of understanding, such meetings shall commence not later than August first of the year.

SEC. 16.7 REQUEST FOR MEETINGS
If the representatives of a recognized employee organization desire to meet with the City Manager, they shall make their request in writing and specify the matters to be discussed. Upon the receipt of the request, a mutually satisfactory time and place shall be arranged for the meeting. Only those matters specified in the notice may be discussed at the meeting. Other matters may be discussed by mutual consent of all the representatives present.

SEC. 16.8 MEMORANDUM OF UNDERSTANDING
A. If agreement is reached with respect to any matter considered at any meeting, the City Manager, with the assistance of the City Attorney, and the representatives of the recognized employee organization, shall jointly prepare a written memorandum of such understanding which shall not be binding and shall present it to the City council for determination.

B. If agreement is not reached with respect to any matter, the representatives of the recognized employee organization may file with the City Council a written statement of the organization's position with reference to that matter. The City Manager may also file with the City Council a written statement of his/her position with reference to the matter. Before determining the issue, the City council shall fix a time and place to receive any additional pertinent information that may be orally presented to it.

A. Before finally determining the matter, the City Counci1 may, if requested to do so by the recognized employee organization concerned, re-refer the matter to the City Manager for mediation. An impartial mediator acceptable to the city Manager and the recognized employee organization shall be appointed to assist the parties in arriving at a voluntary resolution of the matters in dispute through interpretation, suggestion, and advice. All mediation-proceedings shall be private.

The mediator shall make no public recommendations nor take any public position concerning the issue. The fees and expenses, if any, of the mediator shall be ATTACHMENT NO. 2
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payable one-half (1/2) by the city and one-half (1/2) by the recognized employee organization. If the dispute is not resolved as a result of mediation, it shall be re-referred to the City Council for final determination.

SEC. 16.9 MATTERS NOT SUBJECT TO CONFERENCE
A. The City Manager need not meet with the representatives of any recognized employee organization to consider:

1. Issues of public policy.

2. The merits, necessity, or organization of any department, service, or activity provided by the City pursuant to law or ordinance.

3. Matters which relate to the management of the City or the direction of its work force, including the right to direct employees, to hire, promote, transfer, assign or retain employees, or suspend, demote, discharge, or take other proper disciplinary action against employees, maintain the efficiency of the operation of the City government and take any actions necessary to meet conditions of an emergency nature.

B. The City Manager need not meet with the representatives of any recognized employee organization to consider the personal grievance of an individual employee or group of employees until the procedure for the resolution of grievances provided for in the Personnel Rules has been completed.

SEC. 16.10 NOTICE OF PROPOSALS AFFECTING EMPLOYEES
A. Any proposed ordinance, rule or regulation relating to wages, hours, or other terms and conditions of employment may be submitted by the Personnel Officer to the City Council at any regular meeting. Except in cases of emergency, action on the proposal shall be automatically continued until the next regular meeting of the City. The City Clerk, in the case of proposals submitted to the City Council, shall mail notice of the submission of the proposal to each recognized employee organization whose City members are affected by it. The notice shall specify the time and place at which representatives of each such recognized employee organization shall have an opportunity to be heard with reference to the proposal before action is taken by the City Council. Commission included.

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B. In cases of emergency, when the City Council or the Personnel Commission determines that an ordinance, resolution, or rule must be acted upon immediately without prior notice to those recognized employee organizations whose members are affected by it, notice of the action taken on the ordinance, resolution, or rule shall be mailed to each such recognized employee organization. The notice shall specify that the representatives of each such recognized employee organizations shall have an opportunity to be heard with reference to the ordinance, rule, or resolution at the next regular meeting of the City Council or Personnel Commission.

SEC. 16.11 EMPLOYEE ACTIVITIES
A. Not more than three (3) City employees who have been designated as the representatives of a recognized employee organization shall be allowed a reasonable amount of time off without loss of compensation or other benefits for the purpose of attending a formal meeting with the City Manager if the meeting is scheduled to be held during work hours.

B. No officer or employee holding a position exempt from the Civil Service System of the City shall represent any recognized employee organization in meeting and conferring with representatives of the City on any matters within the scope of representation.

SEC. 16.12 RECOMMENDATION TO IMPROVE EMPLOYEE RELATIONS After consultation in good faith with representatives of affected recognized employee organizations, the City manager may, from time to time, recommend to the City Council the adoption of such ordinances, rules, or regulations as may be necessary or desirable to facilitate the administration of employer-employee relations.

SEC. 16.13 NO CONTRACT
The provisions of this section shall not be construed to constitute a contract between the City and any employee or any recognized employee organization.

SEC. 16.14 PERSONNEL SYSTEM UNAFFECTED
Nothing in this section shall be deemed to supersede the provisions of Division 2 of Article IV or Division 3 of this Article or of the Rules and Regulations adopted pursuant to thereto establishing and regulating the City’s Personnel System.

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PERSRULE – 12/91 - Revised 4/10/96
ATTACHMENT NO. 3
RESOLUTION NO. 2023-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING THE

EMPLOYER-EMPLOYEE RELATIONS RESOLUTION

THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, pursuant to the Meyers-Milias-Brown Act (California Government Code section 3500 et seq.), the City of West Covina (the “City”) may adopt reasonable rules and regulations for the administration of employer-employee relations between the City and its employee organizations; and
WHEREAS, the City desires to adopt updated procedures for the administration of employer-employee relations between the City and its employee organizations that would supersede existing procedures that were established on or around April 1996; and WHEREAS, the updated procedures for the administration of employer-employee relations are reflected in the “Employer-Employee Relations Resolution” attached hereto as Exhibit “A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby adopts the Employer-Employee Relations Resolution, attached hereto as Exhibit A, which shall supersede the previously adopted Employer-Employee Relations Resolution.

SECTION 2. All previously adopted Employer-Employee Relations Resolutions are hereby repealed.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 5th day of September, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-65 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

EMPLOYER-EMPLOYEE RELATIONS RESOLUTION
ARTICLE I – GENERAL PROVISIONS
SEC. 1.1 STATEMENT OF PURPOSE
The purpose of this resolution is to implement Chapter 10, Division 4, Title I of the Government Code of the State, Sections 3500 et. Seq., and is intended to strengthen civil service through the establishment of uniform and orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes concerning wages, hours, and other terms and conditions of employment. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer-employee relations.

It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine staffing patterns and the number and kinds of personnel required; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; build, move or modify facilities; determine the methods of raising revenue; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work and the exercise of the foregoing powers, rights, authorities, duties, and responsibilities of the City and its adoption of reasonable policies, rules, regulations and practices in furtherance thereof shall not be limited, except to the extent required by law or applicable agreement to which the City is a party.

SEC. 1.2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. “Appropriate unit” means a unit of employee classes or positions, established pursuant to Article II hereof.
b. “Commission” means the Human Resources Commission.
c. “Confidential Employee” means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations.
d. “Consult/Consultation in Good Faith” means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e. “Council” means the City of West Covina City Council. f. “Day” means calendar day unless expressly stated otherwise. g. “City” means the City of West Covina and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. h. “Employee Relations Officer” means the City Manager or his/her duly authorized representative.
i. “Exclusively Recognized Employee Organization” means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.

Such recognition status may only be challenged by another employee organization as set forth in Article II section 8.
j. “Impasse” means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
k. “Management Employee” means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs.
l. “Proof of Employee Support” means (1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of such proof of support.
m. “Supervisory Employee” means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Terms not defined herein shall have the meanings as set forth in the MMBA.

SEC. 1.3 EMPLOYEE RIGHTS
A. Each City employee shall have the right to form, join, and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on all matters of employer-employee relations. Each City employee shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent himself/herself individually in his/her employment relations with the City.

B. No person shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of his/her exercise of any of these rights.

ARTICLE II – REPRESENTATION PROCEEDINGS
SEC. 2.1 RECOGNITION OF EMPLOYEE ORGANIZATIONS
An employee organization that desires recognition shall file a Recognition Petition with the City Manager for transmission to the Human Resources Commission. The Recognition Petition shall be signed by the authorized officers containing the following information and documentation:

A. The name and mailing address of the employee organization.

B. The names and titles of its officers.

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

D. A statement that the employee organization includes City employees who are members and who have designated the organization to represent them and specifies the total number of such employees.

E. If applicable, a designation of the job classifications or position titles of those employees in a proposed representation unit which the employee organization claims to be appropriate and the number of member employees therein.

F. The organization shall request that the Human Resources Commission and the City Council recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate. The Human Resources Commission may, subject to the approval of the City Manager and the City Council, order that an independent auditor be used and compensated by the City to determine from the records of the employee organization the actual number of employees included in the proposed representation unit who are members of the employee organization. If any employee organization desiring recognition denies the independent auditor access to its records, the Human Resources Commission shall report to the City Manager and City Council the number of members of the organization. This number will then be considered the official membership in the employee organization until such time as the employee organization supplies the necessary information through the independent auditor.

G. A statement that the employee organization has in its possession proof of employee support as herein defined to establish a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the Human Resources Commission or to a mutually agreed upon disinterested third party.

H. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner with a local, regional, state, national, or international organization, and if so, the name and address of each such affiliated organization.

The statement shall also include the names of all other cities within the county in which the organization has been recognized for the purpose of representing employees of the City with respect to salaries, wages and working conditions.

I. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability, medical condition or other restriction prohibited by law.

J. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing City employees in their employment relations with the City.

K. Certified copies of the employee organization’s constitution and by-laws...

L. A designation of those persons, not exceeding two (2) in number, and their addresses to whom notice sent by regular United States mail will be deemed sufficient notice on the employee organization for any purpose.

M. A request that the City formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

The resulting Petition (Recognition Petition), including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it.

SEC.2.2 EMPLOYEE ORGANIZATIONS – DETERMINATION OF APPROPRIATE UNIT
A. The Human Resources Commission, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion for unit determination is whatever grouping provides the broadest feasible grouping of positions that share an identifiable community of interest. The following factors, among others, are to be considered in making such determinations:

1. Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article.

2. The history of employee relations:
a. in the unit;
b. among other employees of the City; and
c. in similar public employment.

3. The effect of the unit on the efficient operation of the City and sound employer-employee relations.

4. The extent to which employees have common skills, working conditions, job duties or similar educational requirements.

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

6. No unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.

B. In the establishment of appropriate units:

1. Professional employees shall not be denied the right to be represented separately from non-professional employees; and

2. Supervisory, management or confidential employees shall not be included in the same unit with non-supervisory, non-management, or nonconfidential employees for purpose of meeting employees on matters with the scope of representation.

SEC. 2.3 OPEN PERIOD FOR FILING CHALLENGING PETITION
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 2.2 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 2.8 of this Article II.

SEC. 2.4 GRANTING RECOGNITION WITHOUT AN ELECTION
If the Petition is in order, and the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer shall formally acknowledge the petitioning employee organization as the Exclusive Recognized Employee Organization for the designated unit.

SEC. 2.5 ELECTION PROCEDURE
Where recognition is not granted pursuant to Sec. 2.4, the Employee Relations Officer shall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Resolution. All employee organizations who have duly submitted petitions which have been determined to be in conformance with this Article II shall be included on the ballot. The ballot shall also reserve to employees the choice of “no organization”, thereby allowing employees the choice of representing themselves individually in their employment relations with the City. Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election.

There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit.

In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.

Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.

SEC. 2.6 PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY

RECOGNIZED EMPLOYEE ORGANIZATION
A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete:

A. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

B. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit.

C. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

D. Proof of employee support that at least thirty (30) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. Such proof shall be submitted for confirmation to the Employee Relations Officer or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of this Section.

An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty (30) percent, that includes the allegation and information required under Section 2.1, and otherwise conforms to the requirements of this Article.

The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about thirty (30) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 2.5 of this Article II.

During the "open period" specified in the first paragraph of this Sec. 2.6, the Employee Relations Officer may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit employees that he/she will arrange for an election to determine that issue. In such event, any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Sec. 2.1, which the Employee Relations Officer shall act on in accordance with this Sec. 2.6.

If, pursuant to this Sec. 2.6, a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.

SEC. 2.7 PROCEDURE FOR MODIFICATION OF ESTABLISHED APPROPRIATE UNITS
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 2.6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 2.2 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.

The Employee Relations Officer may by his own motion propose that an established unit be modified during the period specified in Sec. 2.6 of this Article II. The Employee Relations Officer shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. Thereafter the Employee Relations Officer shall determine the composition of the appropriate unit or units in accordance with Sec. 2.2 of this Article II, and shall give written notice of such determination to the affected employee organizations. The Employee Relations Officer's determination may be appealed as provided in Section 2.8 of this Article. If a unit is modified pursuant to the motion of the Employee Relations Officer hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively Recognized Employee Organization for such new appropriate unit or units.

SEC. 2.8 APPEALS
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition, Challenging Petition, Decertification Petition, Unit Modification Petition has not been filed in compliance with the applicable provisions of this Article; or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition ---has not been filed in compliance with the applicable provisions of this Article; may, within ten (10) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the Commission for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later.

Appeals to the Commission shall be filed in writing with the City Clerk, and a copy thereof served on the Employee Relations Officer. The Commission shall commence to consider the matter within thirty (30) days of the filing of the appeal. The Commission may, in its discretion, refer the dispute to a non-binding third party hearing process. Any decision of the Commission on the use of such procedure, and/or any decision of the Commission determining the substance of the dispute shall be final and binding.

ARTICLE III -- IMPASSE PROCEDURES
SEC. 3.1 INITIATION OF IMPASSE PROCEDURES
If the meet and confer process has reached impasse as defined in Section 1.2 of this Resolution, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. An impasse meeting shall then be scheduled promptly by the Employee Relations Officer. The purpose of such meeting shall be:

A. To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and
B. If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein.

SEC. 3.2 IMPASSE PROCEDURES
Impasse procedures are as follows:

A. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues.

B. If the parties agree to, and do participate in mediation, and if mediator is unable to effect settlement of the controversy, the employee organization may present a request to the City and the Public Employment Relations Board (PERB) to submit the impasse to fact-finding. This request by the employee organization to submit the impasse to fact-finding must be made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties.

C. If the parties do not agree to participate in mediation, the employee organization may present a request to the City and PERB to submit the impasse to fact-finding no later than 30 days following the date that either party has provided the other a written notice of declaration of impasse.

D. Within five (5) working days after PERB’s determination that the request for factfinding is sufficient, a fact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the Employee Relations Officer, and one member shall be appointed by the Exclusively Recognized Employee Organization. PERB shall, within five (5) working days after making its determination that the request for fact-finding is sufficient, submit the names of seven persons, drawn from the list of neutral fact-finders established pursuant to Government Code section 3541.3(d). PERB shall thereafter designate one of the seven persons to serve as the chairperson unless notified by the parties within five (5) working days that they have mutually agreed upon a person to chair the panel in lieu of a chairperson selected by PERB.

E. The following constitute the jurisdictional and procedural requirements for factfinding:
(1) The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries.
(2) Subject to the stipulations of the parties, the fact-finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations:
a. State and federal laws that are applicable to the employer. b. Local rules, regulations, or ordinances.
c. Stipulations of the parties.
d. The interests and welfare of the public, and the financial ability of the public agency.
e. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
f. The consumer price index for goods and services, commonly known as the cost of living.
g. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
h. Any other facts not confined to those specified in paragraphs (a)-(g), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to:
(i.) Maintaining appropriate compensation relationships between classifications and positions within the City;
(ii.) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body);
(iii.) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s);
(iv.) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s);
(v.) Assurance of sufficient and sound budgetary reserves; and (vi.) Constitutional, statutory, and Municipal Code/ Charter limitations on the level and use of revenues and expenditures.
(3) Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public.

F. If the parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the City shall make them public by submitting them to the City Clerk for consideration by the Commission in connection with the Commission's legislative consideration of the impasse.

G. After any applicable mediation and fact-finding procedures have been exhausted, but no earlier than ten (10) days after the fact finders' written findings of fact and recommended terms of settlement have been submitted to the parties, the Commission may hold a public hearing regarding the impasse, and take such action regarding the impasse as it in its discretion deems appropriate as in the public interest, including implementation of the City’s last, best and final offer. Any legislative action by the Commission on the impasse shall be final and binding.

The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson.

I. Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.

SEC. 3.3 COSTS OF IMPASSE PROCEDURES
The cost for the services of a mediator and chairperson of a fact-finding panel utilized by the parties, and other mutually incurred costs of mediation and fact-finding, shall be borne equally by the City and Exclusively Recognized Employee Organization. The cost for a fact-finding panel member selected by each party, and other separately incurred costs, shall be borne by such party.

ARTICLE IV – MISCELLANEOUS PROVISIONS
SEC. 4.1 LIST OF RECOGNIZED ORGANIZATIONS
The City Clerk shall maintain a current list of recognized employee organizations.

Recognition shall be effective for twelve (12) months following the date of official action by the City Council.

SEC. 4.2 CITY REPRESENTATIVES
A. In addition to his/her other duties, it shall be the duty of the City Manager or designee to meet at reasonable times and confer in good faith with representatives of recognized employee organizations regarding wages, hours, and other terms and conditions of employment.

SEC. 4.3 REQUEST FOR MEETINGS
If the representatives of a recognized employee organization desire to meet with the City Manager, they shall make their request in writing and specify the matters to be discussed.

Upon the receipt of the request, a mutually satisfactory time and place shall be arranged for the meeting. Only those matters specified in the notice may be discussed at the meeting. Other matters may be discussed by mutual consent of all the representatives present.

SEC. 4.4 MEMORANDUM OF UNDERSTANDING
A. If agreement is reached with respect to any matter considered at any meeting, the City Manager, with the assistance of the City Attorney, and the representatives of the recognized employee organization, shall jointly prepare a written memorandum of such understanding which shall not be binding and shall present it to the City council for determination.

C. Before finally determining the matter, the City Counci1 may, if requested to do so by the recognized employee organization concerned, re-refer the matter to the City Manager for mediation. An impartial mediator acceptable to the city Manager and the recognized employee organization shall be appointed to assist the parties in arriving at a voluntary resolution of the matters in dispute through interpretation, suggestion, and advice. All mediation-proceedings shall be private. The mediator shall make no public recommendations nor take any public position concerning the issue. The fees and expenses, if any, of the mediator shall be payable one-half (1/2) by the city and one-half (1/2) by the recognized employee organization. If the dispute is not resolved as a result of mediation, it shall be re-referred to the City Council for final determination.

SEC. 4.5 MATTERS NOT SUBJECT TO CONFERENCE
A. The City Manager need not meet with the representatives of any recognized employee organization to consider:

1. Issues of public policy.

2. The merits, necessity, or organization of any department, service, or activity provided by the City pursuant to law or ordinance.

SEC. 4.6 NOTICE OF PROPOSALS AFFECTING EMPLOYEES
A. Any proposed ordinance, rule or regulation relating to wages, hours, or other terms and conditions of employment may be submitted by the Personnel Officer to the City Council at any regular meeting. Except in cases of emergency, action on the proposal shall be automatically continued until the next regular meeting of the City.

The City Clerk, in the case of proposals submitted to the City Council, shall mail notice of the submission of the proposal to each recognized employee organization whose City members are affected by it. The notice shall specify the time and place at which representatives of each such recognized employee organization shall have an opportunity to be heard with reference to the proposal before action is taken by the City Council. Commission included.

B. In cases of emergency, when the City Council or the Personnel Commission determines that an ordinance, resolution, or rule must be acted upon immediately without prior notice to those recognized employee organizations whose members are affected by it, notice of the action taken on the ordinance, resolution, or rule shall be mailed to each such recognized employee organization. The notice shall specify that the representatives of each such recognized employee organizations shall have an opportunity to be heard with reference to the ordinance, rule, or resolution at the next regular meeting of the City Council or Personnel Commission.

SEC. 4.7 EMPLOYEE ACTIVITIES
A. Not more than three (3) City employees who have been designated as the representatives of a recognized employee organization shall be allowed a reasonable amount of time off without loss of compensation or other benefits for the purpose of attending a formal meeting with the City Manager if the meeting is scheduled to be held during work hours.

SEC. 4.8 RECOMMENDATION TO IMPROVE EMPLOYEE RELATIONS
After consultation in good faith with representatives of affected recognized employee organizations, the City manager may, from time to time, recommend to the City Council the adoption of such ordinances, rules, or regulations as may be necessary or desirable to facilitate the administration of employer-employee relations.

SEC. 4.9 NO CONTRACT
The provisions of this section shall not be construed to constitute a contract between the City and any employee or any recognized employee organization.

SEC. 4.10 PERSONNEL SYSTEM UNAFFECTED
Nothing in this section shall be deemed to supersede the provisions of Division 2 of Article IV or Division 3 of this Article or of the Rules and Regulations adopted pursuant to thereto establishing and regulating the City’s Personnel System.

ATTACHMENT NO. 4
12132373.1 WE020-064
RESOLUTION NO._________
Employer-Employee Organization Relations Resolution
Be it Resolved by the West Covina City Council
ARTICLE I – GENERAL PROVISIONS
SEC. 1.1 STATEMENT OF PURPOSE
The purpose of this section resolution is to implement Chapter 10, Division 4, Title I of the Government Code of the State, Sections 3500 et. Seq., and is intended to strengthen civil service by providing through the establishment of uniform and orderly procedures for the administration of employer-employee relations between the City and its employee organizations and for resolving disputes concerning wagesr, hours, and other terms and conditions of employment. However, nothing contained herein shall be deemed to supersede the provisions of state law, ordinances, resolutions and rules which establish and regulate the civil service system, or which provide for other methods of administering employer-employee relations.

It is the purpose of this Resolution to provide procedures for meeting and conferring in good faith with Recognized Employee Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; determine staffing patterns and the number and kinds of personnel required; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; build, move or modify facilities; determine the methods of raising revenue; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work and the exercise of the foregoing powers, rights, authorities, duties, and responsibilities of the City and its adoption of reasonable policies, rules, regulations and practices in furtherance thereof shall 12132373.1 WE020-064
not be limited, except to the extent required by law or applicable agreement to which the City is a party.

SEC. 1.2 DEFINITIONS
As used in this Resolution, the following terms shall have the meanings indicated:
a. “Appropriate unit” means a unit of employee classes or positions, established pursuant to Article II hereof.
b. “Commission” means the Human Resources Commission.
c. “Confidential Employee” means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employeremployee relations. d. “Consult/Consultation in Good Faith” means to communicate orally or in writing with all effected recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of the meet and confer process, does not involve an exchange of proposals and counterproposals in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to Article IV hereof.
e. “Council” means the City of West Covina City Council. f. “Day” means calendar day unless expressly stated otherwise. g. “City” means the City of West Covina and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. h. “Employee Relations Officer” means the City Manager or his/her duly authorized representative.
i. “Exclusively Recognized Employee Organization” means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees.

Such recognition status may only be challenged by another employee organization as set forth in Article II section 8.
j. “Impasse” means that the representatives of the City and a Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their 12132373.1 WE020-064
differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile.
k. “Management Employee” means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. l. “Proof of Employee Support” means (1) an authorization card recently signed and personally dated by an employee, provided that the card has not been subsequently revoked in writing by the employee (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorizations, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of such proof of support.
m. “Supervisory Employee” means any employee having authority, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

Terms not defined herein shall have the meanings as set forth in the MMBA.

SEC. 16.32 EMPLOYEE RIGHTS
A. Each City employee shall have the right to form, join, and participate in the activities of employee organizations of his/her own choosing for the purpose of representation on all matters of employer-employee relations. Each City employee shall also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent himself/herself individually in his/her employment relations with the City.

B. No person shall interfere with, intimidate, restrain, coerce or discriminate against any employee because of his/her exercise of any of these rights. 12132373.1 WE020-064
ARTICLE II – REPRESENTATION PROCEEDINGS
SEC. 16.32.1 RECOGNITION OF EMPLOYEE ORGANIZATIONS
EveryAn employee organization that desires recognition shall initially and annually, and not later than thirty (30) days prior to the expiration of the previous year’s recognition, file a Recognition Petition with the City Manager for transmission to the Personnel Human Resources Commission. a declaration signed by its authorized officers. In the absence of a prior recognition, a declaration shall be filed in July. Such declarationThe Recognition Petition shall be signed by the authorized officers containing the following information and documentation:

A. The name and mailing address of the employee organization.

B. The names and titles of its officers.

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

D. A statement that the employee organization includes City employees who are members and who have designated the organization to represent them and specifies the total number of such employees.

F. The organization shall request that the Personnel Human Resources Ccommission and the City Council recognize the employee organization as the majority representative of the employees in the unit claimed to be appropriate. The Human ResourcesPersonnel Commission may, subject to the approval of the City Manager and the City Council, order that an independent auditor be used and compensated by the City to determine from the records of the employee organization the actual number of employees included in the proposed representation unit who are members of the employee organization. If any employee organization desiring recognition denies the independent auditor access to its records, the Personnel Human Resources Commission shall report to the City Manager and City Council the number of members of the organization. whose dues are collected by payroll deduction. This number will then be considered the official membership in the employee organization until such time as the employee organization supplies the necessary information through the independent auditor.

E.G. A statement that the employee organization has in its possession proof of employee support as herein defined to establish a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation 12132373.1 WE020-064
to the Human Resources Commission or to a mutually agreed upon disinterested third party.

H. A statement whether the employee organization is a chapter, or local of, or affiliated directly or indirectly in any manner with, a local, regional, state, national, or international organization, and if so, the name and address of each such affiliated organization. The statement shall also include the names of all other cities within the county in which the organization has been recognized for the purpose of representing employees of the City with respect to salaries, wages and working conditions.

J. A sStatement that the employee organization has, as one of its primary purposes, the responsibility of representation representing of City employees in their employmentee relations with the City.

F.K. Certified copies of the employee organization’s constitution and by-laws. or any other document which verify this purpose shall be included as part of the declaration..

G.L. A designation of those persons, not exceeding two (2) in number, and their addresses to whom notice sent by regular United States mail will be deemed sufficient notice onto the employee organization for any purpose.

M. A Statement that the employee organization recognized that the provisions of Section 923 of the Labor Code are not applicable to City employees. A request that the City formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith.

SEC. 16.42.2 EMPLOYEE ORGANIZATIONS – DETERMINATION OF

APPROPRIATE UNIT
A. The Human Resources Personnel Commission, after reviewing the petition filed by an employee organization seeking formal recognition as majority representative, shall determine whether the proposed unit is an appropriate unit. The principal criterion for unitin making this determination is whatever grouping provides the broadest feasible grouping of positions that share an identifiable whether there is a community of interest 12132373.1 WE020-064
among such employees. The following factors, among others, are to be considered in making such determinations:

1. Which unit will assure employees the fullest freedom in the exercise of rights set forth under this article.

2. The history of employee relations:
a. in the unit;
b. among other employees of the City; and
c. in similar public employment.

3. The effect of the unit on the efficient operation of the City and sound employeremployee relations.

4. The extent to which employees have common skills, working conditions, job duties or similar educational requirements.

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

6. No unit shall be established solely on the basis of the extent to which employees in the proposed unit have organized.

B. In the establishment of appropriate units:

1. Professional employees shall not be denied the right to be represented separately from non-professional employees; and

2. Supervisory, management or confidential employees shall not be included in the same unit with non-supervisory, non-management, or non-confidential employees for purpose of meeting employees on matters with the scope of representation.

SEC. 2.3 OPEN PERIOD FOR FILING CHALLENGING PETITION
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty (30) percent and otherwise in the same form and manner as set forth in Sec. 3 of this Article II. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. Thereafter, the Employee Relations Officer shall determine the appropriate unit or units in accordance with the standards in Sec. 2.2 of this Article II. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit 12132373.1 WE020-064
determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Sec. 2.8 of this Article II.

There shall be no more than one valid election under this Resolution pursuant to any petition in a 12-month period affecting the same unit.

In the event that the parties are unable to agree on a third party to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service.

Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot.
12132373.1 WE020-064
SEC. 2.6 PROCEDURE FOR DECERTIFICATION OF EXCLUSIVELY

A. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

B. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit.

The Employee Relations Officer shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Article II. If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Sec. 2.8 of this Article II. If the determination of the Employee Relations Officer is in the affirmative, or if his negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. 12132373.1 WE020-064
The Employee Relations Officer shall thereupon arrange for a secret ballot election to be held on or about thirty (30) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Sec. 2.5 of this Article II.

SEC. 2.7 PROCEDURE FOR MODIFICATION OF ESTABLISHED

APPROPRIATE UNITS
Requests by employee organizations for modifications of established appropriate units may be considered by the Employee Relations Officer only during the period specified in Sec. 2.6 of this Article II. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in this Article, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Sec. 2.2 hereof. The Employee Relations Officer shall process such petitions as other Recognition Petitions under this Article II.

SEC. 2.8 APPEALS
An employee organization aggrieved by an appropriate unit determination of the Employee Relations Officer; or an employee organization aggrieved by a determination of the Employee 12132373.1 WE020-064
Relations Officer that a Recognition Petition, Challenging Petition, Decertification Petition, Unit Modification Petition has not been filed in compliance with the applicable provisions of this Article; or employees aggrieved by a determination of the Employee Relations Officer that a Decertification Petition ---has not been filed in compliance with the applicable provisions of this Article; may, within ten (10) days of notice of the Employee Relations Officer’s final decision, request to submit the matter to mediation by the State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the Commission for final decision within fifteen (15) days of notice of the Employee Relations Officer’s determination or the termination of mediation proceedings, whichever is later.

SEC. 3.2 IMPASSE PROCEDURES
Impasse procedures are as follows:

This request by the employee organization to submit the impasse to fact-finding must be 12132373.1 WE020-064
made no sooner than 30 days, but no later than 45 days, following the selection of a mediator by the parties.

E. The following constitute the jurisdictional and procedural requirements for fact-finding:
(1) The panel shall, within ten (10) days after its appointment, meet with the parties or their representatives, either jointly or separately, and may make inquiries and investigations, hold hearings, and take any other steps it deems appropriate. The panel shall have subpoena power with regard to hearings, investigations and inquiries.
(2) Subject to the stipulations of the parties, the fact-finders shall consider, weigh and be guided by the following measures and criteria in arriving at their findings and recommendations:
a. State and federal laws that are applicable to the employer. b. Local rules, regulations, or ordinances.
c. Stipulations of the parties.
d. The interests and welfare of the public, and the financial ability of the public agency.
e. Comparison of the wages, hours, and conditions of employment of the employees involved in the fact-finding proceeding with the wages, hours, and conditions of employment of other employees performing similar services in comparable public agencies.
f. The consumer price index for goods and services, commonly known as the cost of living.
g. The overall compensation presently received by the employees, including direct wage compensation, vacations, holidays, and other excused time, insurance and pensions, medical and hospitalization benefits, the continuity and stability of employment, and all other benefits received.
12132373.1 WE020-064
h. Any other facts not confined to those specified in paragraphs (a)-(g), inclusive, which are normally or traditionally taken into consideration in making the findings and recommendations, including, but not limited to:
(i.) Maintaining appropriate compensation relationships between classifications and positions within the City;
(ii.) Other legislatively determined and projected demands on agency resources (i.e., budgetary priorities as established by the governing body);
(iii.) Allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); (iv.) Revenue projections not to exceed currently authorized tax and fee rates for the relevant fiscal year(s);
(v.) Assurance of sufficient and sound budgetary reserves; and (vi.) Constitutional, statutory, and Municipal Code/ Charter limitations on the level and use of revenues and expenditures.
(3) Within thirty (30) days after the appointment of the fact-finding panel, or, upon agreement by both parties within a longer period, the panel shall make written findings of fact and advisory recommendations for the resolution of the issues in dispute, which shall be presented in terms of the criteria and limitations specified above. Any member of a fact-finding panel shall be accorded the right to file dissenting written findings of fact and recommendations. The fact-finder or chairperson of the fact-finding panel shall serve such findings and recommendations on the Employee Relations Officer and the designated representative of the Exclusively Recognized Employee Organization before they are made available to the public.

F. If these parties have not resolved the impasse within ten (10) days after service of the findings and recommendations upon them, the City shall make them public by submitting them to the City Clerk for consideration by the Commission in connection with the Commission's legislative consideration of the impasse.

H. The costs for the services of the panel chairperson agreed upon by the parties shall be equally divided between the parties, and shall include per diem fees, if any, and actual and necessary travel and subsistence expenses. The per diem fees shall not exceed the per diem fees stated on the chairperson's résumé on file with PERB. The chairperson's bill showing the amount payable by the parties shall accompany his or her final report to the parties and PERB. The parties shall make payment directly to the chairperson. 12132373.1 WE020-064
I. Any other mutually incurred costs shall be borne equally by the parties. Any separately incurred costs for the panel member selected by each party shall be borne by that party.

ARTICLE IV – MISCELLANEOUS PROVISIONS
SEC. 16.54.1 LIST OF RECOGNIZED ORGANIZATIONS
The City Clerk shall maintain a current list of recognized employee organizations. Recognition shall be effective for twelve (12) months following the date of official action by the City Council.

SEC. 16.64.2 CITY REPRESENTATIVES
A. In addition to his/her other duties, it shall be the duty of the City Manager or designee to meet at reasonable times and confer in good faith with representatives of recognized employee organizations regarding wages, hours, and other terms and conditions of employment.

SEC. 16.74.3 REQUEST FOR MEETINGS
If the representatives of a recognized employee organization desire to meet with the City Manager, they shall make their request in writing and specify the matters to be discussed. Upon the receipt of the request, a mutually satisfactory time and place shall be arranged for the meeting. Only those matters specified in the notice may be discussed at the meeting. Other matters may be discussed by mutual consent of all the representatives present.

SEC. 16.84.4 MEMORANDUM OF UNDERSTANDING
A. If agreement is reached with respect to any matter considered at any meeting, the City Manager, with the assistance of the City Attorney, and the representatives of the recognized employee organization, shall jointly prepare a written memorandum of such 12132373.1 WE020-064
understanding which shall not be binding and shall present it to the City council for determination.

Before determining the issue, the City council shall fix a time and place to receive any additional pertinent information that may be orally presented to it.

SEC. 4.516.9 MATTERS NOT SUBJECT TO CONFERENCE
A. The City Manager need not meet with the representatives of any recognized employee organization to consider:

1. Issues of public policy.

2. The merits, necessity, or organization of any department, service, or activity provided by the City pursuant to law or ordinance.

B. The City Manager need not meet with the representatives of any recognized employee organization to consider the personal grievance of an individual employee or group of 12132373.1 WE020-064
employees until the procedure for the resolution of grievances provided for in the Personnel Rules has been completed.

SEC. 16.104.6 NOTICE OF PROPOSALS AFFECTING EMPLOYEES
A. Any proposed ordinance, rule or regulation relating to wages, hours, or other terms and conditions of employment may be submitted by the Personnel Officer to the City Council at any regular meeting. Except in cases of emergency, action on the proposal shall be automatically continued until the next regular meeting of the City. The City Clerk, in the case of proposals submitted to the City Council, shall mail notice of the submission of the proposal to each recognized employee organization whose City members are affected by it. The notice shall specify the time and place at which representatives of each such recognized employee organization shall have an opportunity to be heard with reference to the proposal before action is taken by the City Council. Commission included.

SEC. 16.114.7 EMPLOYEE ACTIVITIES
A. Not more than three (3) City employees who have been designated as the representatives of a recognized employee organization shall be allowed a reasonable amount of time off without loss of compensation or other benefits for the purpose of attending a formal meeting with the City Manager if the meeting is scheduled to be held during work hours.

SEC. 16.124.8 RECOMMENDATION TO IMPROVE EMPLOYEE RELATIONS After consultation in good faith with representatives of affected recognized employee organizations, the City manager may, from time to time, recommend to the City Council the 12132373.1 WE020-064
adoption of such ordinances, rules, or regulations as may be necessary or desirable to facilitate the administration of employer-employee relations.

SEC. 16.134.9 NO CONTRACT
The provisions of this section shall not be construed to constitute a contract between the City and any employee or any recognized employee organization.

SEC. 16.144.10 PERSONNEL SYSTEM UNAFFECTED
Nothing in this section shall be deemed to supersede the provisions of Division 2 of Article IV or Division 3 of this Article or of the Rules and Regulations adopted pursuant to thereto establishing and regulating the City’s Personnel System.

AGENDA ITEM NO. 8

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: September 5, 2023
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF NEW JOB CLASSIFICATIONS AND SPECIFICATIONS FOR

LANDSCAPE MAINTENANCE LEAD-WORKER AND MAINTENANCE SUPERVISOR RECOMMENDATION:

It is recommended that the City Council adopt the following resolutions:

RESOLUTION NO. 2023-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE LANDSCAPE MAINTENANCE LEAD-WORKER CLASSIFICATION; AND
RESOLUTION NO. 2023-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE MAINTENANCE

SUPERVISOR CLASSIFICATION
BACKGROUND:

As part of the City’s ongoing process of maintaining its position classification plan, the Human Resources Department, as needed, reviews class specifications to ensure that our position specifications reflect the City’s current structure and are in alignment with current standards, requirements, and qualifications.

This review further ensures that required skills, knowledge and abilities, and essential functions of each classification are in alignment with current demands and comparable with similar classifications within the public sector labor market.

DISCUSSION:

The Public Services Department has identified a need to have a Maintenance Lead-Worker that is specific to landscaping activities and a general Maintenance Supervisor that may work in any division.

Currently, the Maintenance Lead-Worker position has requirements and duties that align better with street and sewer activities. Conversely, the Street Maintenance Supervisor is specific to street activities.

Thus, staff has prepared new job classification specifications for a Landscape Maintenance Lead-Worker (Attachment No. 1) and a Maintenance Supervisor (Attachment No. 3). These descriptions were based on the existing Maintenance Lead-Worker and Street Maintenance Supervisor job descriptions. The changes from these positions are included as Attachment No. 2 and 4 for reference. The new job classification specifications meet the current industry standards regarding minimum qualifications, duties, responsibilities, and expectations.

The Human Resources Commission reviewed and approved the new job descriptions during their regular meeting on August 9, 2023. Additionally, each applicable bargaining unit has been granted the opportunity to review and provide comments.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolutions and approved them as to form.

Prepared by: Stephanie Sikkema, Acting Human Resources & Risk Management Director Fiscal Impact
FISCAL IMPACT:

The proposed new positions would replace existing positions within the same pay ranges, therefore; there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Resolution No. 2023-74
Attachment No. 2 - Landscape Maintenance Lead-Worker Redlined Attachment No. 3 - Resolution No. 2023-75
Attachment No. 4 - Maintenance Supervisor Redlined
CITY COUNCIL GOALS & OBJECTIVES: A Well-Planned Community Maintain Good Intergovernmental Relations
Enhance City Image and Effectiveness
ATTACHMENT NO. 1
RESOLUTION NO. 2023-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WEST COVINA, CALIFORNIA, APPROVING THE

ESTABLISHMENT OF THE LANDSCAPE MAINTENANCE

LEAD-WORKER CLASSIFICATION

THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

WHEREAS, the Human Resources Department, as needed, reviews class specifications and/or pay grades to ensure position specifications and compensation are in alignment with current demands and comparable with similar classifications within the public sector labor market; and
WHEREAS, the Human Resources Department is recommending establishing a Landscape Maintenance Lead-Worker classification, which will better position the City to meet current and future needs; and
WHEREAS, on August 9, 2023, the Human Resources Commission reviewed and approved the proposed specifications for the new Landscape Maintenance Lead-Worker classification, attached hereto as Exhibit A and incorporated herein; and WHEREAS, the City Council desires to approve the establishment of the Landscape Maintenance Lead-Worker classification; and
WHEREAS, the City Council also desires to approve the salary grade and class specifications for the Landscape Maintenance Lead-Worker classification.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby approves the establishment of the Landscape Maintenance Lead-Worker classification with the specifications attached hereto as Exhibit A.

SECTION 2. The City Council hereby approves the following salary grade for the new Landscape Maintenance Lead-Worker classification:

CLASSIFICATION MONTHLY PAY RANGE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Landscape Maintenance
Lead-Worker
$4,573 $4,802 $5,041 $5,293 $5,558
SECTION 3. The Full-Time Salary Schedule shall be amended to reflect the addition of the Landscape Maintenance Lead-Worker Classification as set forth herein.

SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 5th day of September, 2023.

Rosario Diaz
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2023-74 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5th day of September, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

CLASS SPECIFICATIONS

LANDSCAPE MAINTENANCE LEAD-WORKER

CITY OF WEST COVINA

CLASSIFICATION SPECIFICATION
Class Title: Landscape Maintenance Lead-Worker
Bargaining Unit: Maintenance & Crafts
Class Code: LMAINT LDWKR
Salary Grade: MTXXX
Salary: $54,876.00 - $66,696.00 Annually
FLSA: NON-EXEMPT
Date Updated: August 8, 2023
DESCRIPTION:

Job Summary:

Under general supervision, performs skilled manual labor in the maintenance and repair of parks, green spaces, and public facilities; leads the work of a crew engaged in such work; performs related duties as required.

EXAMPLES OF DUTIES:

Essential Functions:

Depending upon area of assignment:
• Participates and leads the work of a crew engaged in maintaining and repairing sprinkler systems; locating and repairing control lines such as hydraulic and electric, restroom fixtures, and drinking fountains.
• Participates and leads in the work of a crew engaged in mowing and maintaining of parks; trimming and pruning trees and shrubs using power tools and hydraulic lift; operating gang mower, stump grinder, and brush chipper. • Maintains turf, trees, shrubs and flower beds by mowing, edging, weeding, fertilizing, irrigating and renovating. Assists in related grounds maintenance work. • Sweeps and cleans recreation areas and facilities. Erects bleachers and stands as directed.
• Assists in planting, cultivating, weeding, pruning, and irrigating new trees, shrubs, flower beds, turf areas, and cares for indoor plants.
• Digs ditches, trenches, and holes. Performs daily inspection of play equipment to assure safe operation.
• Follows standard operating procedures to operate pick-up trucks, mowers, edgers, blowers, chainsaws, hedge trimmers, spreaders, sprayers, and turf vacuums.
• Prepares ballfields for sporting events.
• Performs pick-and-shovel work on landscaped areas and walkways. Loads and unloads dirt, brick dust, mulch, soil amendment and tools and equipment.

Landscape Maintenance Lead-Worker
• Picks up rubbish and litter; cleans walkways, driveways, parking areas, and drainage facilities; keeps restrooms, play equipment, and picnic and recreation facilities clean and orderly.
• Acts as lead worker in the preparation, planting and maintenance of lawns, shrubs, flowers, trees and other ground covers, including the oversight of pruning, fertilizing, watering, weeding, transplanting and the controlling of pests. • May apply pesticides when needed. Orders supplies and equipment. • Reviews and evaluates employees' job performance and recommends personnel action. Trains subordinates in gardening skills.
• May operate equipment such as rear-loading integrated waste trucks, and backhoes that do not require a Class A license.
• Drives automobiles, pick-up trucks or other light vehicles to City buildings and facilities in carrying out the duties of their position. • Ensures the Department services are provided with the highest customer service and ethical standards.
• Assumes responsibility for ensuring the duties of the position are performed in a safe, efficient manner.
• Plants, waters, and maintain ornamental plants, shrubs, hedges, and flowers.

Removes litter and weeds from grounds, paths, playground areas and walkways.

Performs custodial maintenance of restrooms and community building facilities. • Performs other related duties as assigned or as the situation requires.

Common assignments:
• May operate equipment in the absence or unavailability of an operator; performs routine maintenance and repair on equipment.
• Makes specific work assignments to crew members and assists in the preparation of performance evaluations; prepares and submits records and reports concerning work performance and materials used. • Ensures work of crew is performed in a safe and efficient manner; trains subordinates in semi-skilled operations and work methods. • Answers emergency calls from the public and other agencies taking appropriate action such as placing barricades, removing fallen trees and limbs, replacing street signs and emergency patching of streets or flood control facilities.

TYPICAL QUALIFICATIONS:

Required Knowledge and Ability:
• Apply applicable safety rules, practices and procedures. • Effectively supervise subordinates.
• Provide clear work instructions.
• Follow directions and carry out assignments in a thorough and efficient manner. • Foster a teamwork environment.
• Load and unload heavy supplies and / or equipment from a truck or other elevated surfaces.

Landscape Maintenance Lead-Worker
• Move debris, dirt or other material from one place to another. • Use hand tools such as pick, cultivator, shovel, spade, rake or similar tools and power-driven equipment such as hedge trimmers, weed eaters, and blowers. • Work cooperatively with other City employees and the general public. • Read, write, communicate effectively, and comprehend directions. • Review and evaluate employees' job performance.
• Work effectively without close supervision.
• Model and practice the highest standards of ethical conduct. • Prepare work records and routine reports.
• Work safely and efficiently.

Experience:

Two years of experience as a Maintenance Worker II or higher.

License:

A valid Class C California driver's license, and a satisfactory driving record.

Some assignment may require a Pest Control Operators License. If required, employee will be given written notice with an agreed upon time frame to obtain.

Physical Requirements:

Incumbents must be able to perform heavy manual work associated with maintenance work which includes lifting objects weighing more than 50 pounds; moderate exposure to dust, temperature, noise and inclement weather; occasional exposure to hazardous work conditions; and some exposure to irritating fumes.

SUPPLEMENTAL INFORMATION:

The City of West Covina is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodation to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.

ATTACHMENT NO. 2

CITY OF WEST COVINA

CLASSIFICATION SPECIFICATION
Class Title: Landscape Maintenance Lead-Worker
Bargaining Unit: Maintenance & Crafts
Class Code: LMAINT LDWRKR
Salary Grade: MT100MTXXX
Salary: $54,876.00 - $66,696.00 Annually
FLSA: NON-EXEMPT
Date Updated: Jul 28, 2015August 8, 2023
DESCRIPTION:

Job Summary:

Under general supervision, performs skilled manual labor in the maintenance and repair of public works including streets, sewers, water systemsparks, green spaces, and public facilities; leads the work of a crew engaged in such work; performs related duties as required.

EXAMPLES OF DUTIES:

Essential Functions:

Depending upon area of assignment:
 Participates and leads the work of a crew engaged in the maintenance and repair of the city's water system, reading meters and maintaining the city pool.  Participates and leads the work of a crew engaged in maintaining and repairing sprinkler systems; locating and repairing control lines such as hydraulic and electric, restroom fixtures, and drinking fountains.
 Participates and leads in the work of a crew engaged in mowing and maintaining of parks; trimming and pruning trees and shrubs using power tools and hydraulic lift; operating gang mower, stump grinder, and brush chipper.  Maintains turf, trees, shrubs and flower beds by mowing, edging, weeding, fertilizing, irrigating and renovating. Assists in related grounds maintenance work.  Sweeps and cleans recreation areas and facilities. Erects bleachers and stands as directed.
 Assists in planting, cultivating, weeding, pruning, and irrigating new trees, shrubs, flower beds, turf areas, and cares for indoor plants.
 Digs ditches, trenches, and holes. Performs daily inspection of play equipment to assure safe operation.
 Follows standard operating procedures to operate pick-up trucks, mowers, edgers, blowers, chainsaws, hedge trimmers, spreaders, sprayers, and turf vacuums.

Landscape Maintenance Lead-Worker

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West Covina City CouncilSeptember 5, 2023

West Covina City Council
September 5, 2023