Agenda Item No. 12
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Phil White, Director of Finance
Cortney McRae, Human Resources Manager
FOR: City Council Meeting of May 13, 2024
SUBJECT: Personnel Policies and Procedures Manual
RECOMMENDATION:
That City Council adopt the attached Personnel Policies and Procedures Manual ("Manual").
DISCUSSION:
The City's Personnel Rules were first adopted on November 14, 1994. Since that time, minor amendments have been made and adopted. However, a comprehensive update had never been performed. As such, as part of the 2023 City Council Goals, staff was directed to review and update the City's Personnel Rules.
The Manual that is attached represents the compilation of the City's Personnel Rules with administrative personnel policies and practices that have historically existed as separate documents.
Since all these rules, policies, and practices are current, this Manual does not constitute any significant changes in personnel practices. However, it does provide a benefit to the City in that it places all these rules, policies, and practices in a single document which provides a single resource for all employees.
This proposed Manual has received extensive review by staff, City Manager, and City Attorney, and the Yucaipa City Employee Association (YCEA). The YCEA has accepted the updated version of the Manual in accordance with the current Memorandum of Understanding between the City of Yucaipa and the General Employees of the City of Yucaipa.
FISCAL IMPACT:
There is no fiscal impact.
Attachment(s):
1. Personnel Policies and Procedures Manual
Approved By:
ATTACHMENT
CITY OF
PERSONNEL POLICIES AND PROCEDURES MANUAL
INTRODUCTION
Welcome to the City of Yucaipa! We trust you will find working for the City professionally challenging, an excellent career opportunity, a positive experience and an environment that strives to provide a work/life balance. The City prides itself on exceptional customer service and the highest level of professionalism. City staff are committed to public service, excellence, efficiency in the provision of services, the City's adopted Code of Ethics, and the principles of democracy and professional management afforded by the Council -Manager form of government. As a member of the City team, we look forward to your positive contributions in these areas.
The Personnel Policies & Procedures Manual ("Manual") has been developed to provide staff members with important information regarding the City's personnel benefits, policies, and procedures on matters relevant to all employees. The Personnel Officer is the Appointing Authority under this policy and shall exercise functional authority over the City personnel process for the purpose of implementing and enforcing these policies and procedures on a citywide basis.
For subjects not included in this Manual, inquire with the City's Personnel Officer. Personnel issues not covered in this Manual, or not otherwise covered by applicable law or regulation, may be addressed by the City Manager by the adoption of administrative policy documents or interpretations, and applied on an individual basis. The City reserves the right to appropriately change, amend, revise, or delete the provisions contained herein, including policies and procedures, when deemed necessary. Updates to the policies herein will be provided in separate announcements throughout your career with the City.
CITY ORGANIZATION
Yucaipa is a "general law" city. As such, the City's authority and powers are expressly granted by the California State Legislature and the California Constitution. Therefore, the policies contained herein may be changed or superseded by Constitutional amendment, an act of the California State Legislature, or state regulatory authority applicable to general law cities, or, where applicable, by federal law or regulation. The City has an adopted Municipal Code that contains the ordinances of the City.
The City of Yucaipa is a "contract city" that operates under the Council -Manager form of government. As a contract city, Yucaipa provides a number of key municipal services through contracts with other government entities and private companies. Included are police, fire, building and safety, solid waste management, city attorney, and other services that may become necessary from time to time. Some services, such as water, sewer, electricity, and natural gas, are the responsibilities of other non -City agencies.
Under the Council -Manager form of government, the City is governed by five City Council Members, each sharing equal voting powers on all items coming before the Council.
Councilmembers are elected by district for four-year terms, with elections held in November of even -numbered years. City Council terms are staggered such that three members are selected by the voters in one election and the remaining two members are selected in the next election two years later. The City Council hires and provides legislative and policy direction to the City PAGE 2 Revised 2024-05-13
Manager. The City Manager serves as the Chief Executive Officer of the City and is therefore responsible for implementing City Council policy and for the day-to-day operations of the City, including the hiring and management of all City staff, contractors, and consultants. The City Manager also serves as the City Treasurer and as Executive Director to the Successor Agency to the former Yucaipa Redevelopment Agency. In addition to the City Manager, the City Council also directly hires a City Attorney (or contracts with a law firm), for legal counsel.
UNIQUE FEATURES OF THE CITY OF YUCAIPA
Yucaipa became an incorporated city on November 27, 1989. Framed by the natural environment, with its breathtaking mountain views, clean air and unique topography, Yucaipa offers an attractive, peaceful, and safe community, and an exceptional quality of life for all of its residents.
Yucaipa is thoughtfully planned, balancing the needs of residents, the environment, and the business community. Quality public facilities, schools, community services, recreational opportunities, and other amenities draw residents and visitors of all ages to live, work, play, and retire in Yucaipa.
Long known as one of the premier residential communities of the Inland Empire, Yucaipa also provides one of the greatest untapped economic development opportunities in the Southern California region. The City's location and undeveloped freeway frontage make it an attractive region for development of new or expanding businesses. With a population of approximately 55,000 residents, Yucaipa is a desirable location for new investments, aided by a business -friendly and fiscally sound local government. The City is dedicated to sustaining the community's economic growth through various programs, initiatives, and efforts that support the business community, development projects and establishing public/private initiatives.
The City of Yucaipa is responsible for, either directly or by contract, land use regulation, building and safety, and road maintenance of public streets, police protection, fire prevention and suppression, emergency medical services, emergency preparedness and response, solid waste removal, municipal elections, recreational facilities and community events, and other functions typical of municipal government. City revenue sources include property tax, sales tax, franchise fees paid by utility providers, licenses, permits, fees, fines, and grants.
As a member of the City team, it is important to understand and become familiar with the services provided by the City to the community.
PUBLIC SERVICE
Local government by its nature and purpose is a service -oriented and public profession. City employees directly connect with the public in many different ways. In Yucaipa, it is an expectation that members of the City team maintain a pleasant, friendly, and cooperative demeanor with each other and in all capacities when working and communicating with the public. Care should be taken to act in a professional, respectful, and courteous manner at all times. City staff must keep in mind that they are ambassadors of the City and represent the organization. As public service professionals, it is the responsibility of City staff to be responsive and helpful to residents, visitors, and those conducting business in Yucaipa.
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Before any person can be appointed to a position in the City, an individual must submit an Oath of Affirmation of Allegiance for Civil Defense Workers and Public Employees.
DISASTER SERVICE WORKER
The protection of the health and safety, and the preservation of lives and property of the citizens of the City of Yucaipa from the effects of natural, manmade, or war -caused emergencies that result in conditions of disaster or in extreme peril to life, property, and resources is of paramount importance to the City - requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their supervisors or by law.
It is the duty of each City employee to fulfill the responsibilities of a disaster service worker if deemed necessary by the City Manager. In the event of a declared emergency (e.g., earthquake, flood, fire, riot, war, etc.) employees will be directed to report to the City's designated Emergency Operations Center (EOC). Employees will be contacted and given further instructions as to when and where to report to the EOC in the event of a declared emergency.
In the event of a disaster, the City Manager, serving as Director of Emergency Services, or designee, is authorized to take such actions as may be necessary to facilitate recovery operations, including, but not limited to, deploying staff for damage assessment and emergency repair purposes, and procuring materials, labor, and services required for damage control and emergency repair.
MEMORANDUM OF UNDERSTANDING
A Memorandum of Understanding (MOU) is a signed labor agreement between the employee bargaining unit (represented by the Yucaipa City Employees Association) and the City of Yucaipa (represented in negotiations by the City Manager or Designee and Personnel Officer). All regular, full-time non-exempt employees are represented by the bargaining unit while all management, confidential, and regular, full-time exempt employees represent themselves. * The current Memorandum of Understanding Between the City of Yucaipa and the General Employees of the City of Yucaipa is available from Human Resources or on the City's website.
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TABLE OF CONTENTS
CHAPTER I - PURPOSE AND APPLICATION...................................................................................6 CHAPTER II — DEFINTION OF TERMS.............................................................................................. 7 CHAPTER III — GENERAL PROVISIONS..........................................................................................10 CHAPTER IV — CLASSIFICATION.....................................................................................................12 CHAPTERV — COMPENSATION.......................................................................................................15 CHAPTER VI — BENEFITS — REGULAR, FULL-TIME EMPLOYEES...........................................22 CHAPTER VII — HOURS OF WORK..................................................................................................28 CHAPTER VIII — APPLICATIONS AND APPLICANTS.................................................................30 CHAPTER IX — EXAMINATIONS.......................................................................................................33 CHAPTER X — EMPLOYMENT ELIGIBILITY LISTS.......................................................................35 CHAPTER XI — METHOD OF FILLING VACANCIES....................................................................36 CHAPTER XII — PROBATIONARY PERIOD....................................................................................37 CHAPTER XIII — ATTENDANCE AND LEAVES............................................................................. 38 CHAPTER XIV — HOLIDAYS...............................................................................................................52 CHAPTER XV — CHANGES IN EMPLOYMENT STATUS............................................................. 53 CHAPTER XVI — SEPARATION FROM EMPLOYMENT..............................................................54 CHAPTER XVII — REPORTS AND RECORDS..................................................................................56 CHAPTER XVIII — GRIEVANCE PROCEDURES............................................................................. 58 CHAPTER XIX — DISCIPLINARY PROCEDURE............................................................................. 60 CHAPTER XX — PERFORMANCE EVALUATIONS........................................................................63 CHAPTER XXI — VEHICLE USE..........................................................................................................65 CHAPTER XXII — TRAVEL...................................................................................................................70 CHAPTER XXIII — PROFESSIONAL DEVELOPMENT................................................................... 72 CHAPTER XXIV — EMPLOYEE STANDARDS OF CONDUCT....................................................74 PERSONNEL POLICIES & PROCEDURES MANUAL ACKNOWLEDGEMENT ......................85 PUBLIC EMPLOYEE OATH.................................................................................................................86 PAGE 5 Revised 2024-05-13
CHAPTER I - PURPOSE AND APPLICATION
SECTION 1. PURPOSE
The purpose of this Manual is to establish lawful procedures for dealing with personnel matters.
This Manual may be amended as deemed necessary by the City Manager or by a subsequent resolution of the City Council. The personnel provisions set forth herein constitute the personnel rules and regulations for the City of Yucaipa. Employees are expected to read this Manual carefully, and to know and understand its contents. The City reserves the right to make changes to this Manual and to any employment policy, practice, work rule, or benefit, at any time without prior notice, except for any written arbitration agreement with an employee, which can only be changed in accordance with its express terms and within the parameters of Government Code Section 3500.
Any other change to this Manual or any employment policy, practice, work rule, or benefit is effective only if it is in writing and is signed or authorized by the City Manager. Except as otherwise provided in this Manual, no one has the authority to make any promise or commitment contrary to what is in this Manual. Employees are responsible for knowing about and understanding those changes once they have been disseminated. The City also reserves the right to interpret the provisions of this Manual
This Manual replaces all earlier Manuals and supersedes all prior inconsistent policies, practices, and procedures.
SECTION 2. APPLICATION
These rules apply to all employees of the City of Yucaipa unless a specific rule, procedure, or contractual agreement indicates otherwise.
SECTION 3. NO CONTRACT CREATED
Nothing contained in this Manual creates any contract of employment, express or implied, or any right in the nature for a contract.
SECTION 4. MANUAL ACKNOWLEDGEMENT
Employees are required to sign the acknowledgement form at the back of this Manual and return it to Human Resources. This will provide the City with a record that each employee has received this Manual.
SECTION 5. RULE MAKING AUTHORITY
A Department Head may administer department -specific personnel regulations, which are supplementary to, and not inconsistent with, this Manual or regulations of the City of Yucaipa or any applicable Memorandum of Understanding. Any such regulations shall be approved by Human Resources prior to implementation.
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CHAPTER II - DEFINTION OF TERMS
Unless the context indicates otherwise, the following terms, whenever used in this document, shall be defined as follows:
ADVANCEMENT
A salary increase within the limits of the salary range established for a position.
ANNIVERSARY DATE
Each employee's anniversary date will coincide with his/her appointment to a new position in a different classification. All employees will retain their current anniversary date until appointed to a new classification.
APPOINTMENT
The act of filling a vacant position with an individual who has met the qualifications for that position.
APPOINTING AUTHORITY
The officer of the City who has the authority to make an appointment to a position, subject to the approval of the City Manager.
AT -WILL
All positions outside of the competitive service which may be terminated with or without cause, at any time, at the will of the City, in its sole discretion.
CLASS
A group of positions sufficiently similar in duties, authority, responsibilities, and minimum qualifications to permit the application with equity of common standards of selection, transfer, promotion, and compensation.
COMPETITIVE SERVICE
All positions of employment in the service of the City except those at -will positions specifically excluded as such.
DEMOTION
The removal of an employee from a presently assigned classification to a lower paying classification. A demotion may be voluntary or involuntary.
DISCIPLINE
Action taken by the appointing authority or designee to reinforce adherence to policies and procedures and correct conduct, behavior, and/or performance which fall below acceptable standards, and/or which violate rules, regulations, laws, and policies.
DOMESTIC PARTNER
A domestic partnership shall be defined in accordance with California Family Code Section 297, as may be amended from time to time.
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ELIGIBLE
When used as a noun, means a person whose name is considered for the appointment to a position or is placed on an eligibility list.
ELIGIBLE LIST
A list of one or more names of persons who are being considered for appointment to a position.
EMPLOYEE
Any person occupying a position in the competitive service, any at -will member of the City's staff, and any part-time staff.
EMPLOYMENT LIST
Any eligible, promotional, or reemployment list maintained by the City.
EXAMINATION
A. Open Examination: An examination for a particular position which is open to all persons meeting the qualifications for the classification.
B. Promotional Examination: An examination for a particular position, admission to the examination being limited to employees that meet the qualifications for the classification.
C. Continuous Examination: An open examination which is administered periodically and as a result of which names are placed on an employment list for a period of not more than one (1) year.
IMMEDIATE FAMILY
Immediate family shall be defined in accordance with California Labor Code Section 245.5(c), as may be amended from time to time.
LAYOFF
The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed.
PERSONNEL OFFICER
The City Manager or designee.
PROBATIONARY PERIOD
A working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she has been appointed or promoted by the actual performance of the duties of the position.
PROMOTION
The movement from one class to another class having a higher maximum rate of pay and more advanced job duties than the previous position.
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RECLASSIFICATION
The change of a position from one position to another as a result of the gradual accretion or reduction of duties and/or responsibilities over time.
REGULAR EMPLOYEE
An employee in a position authorized by the City Council per the Position and Salary Control Resolution.
REINSTATEMENT
The reemployment, without examination, of a former regular employee.
SALARY ADJUSTMENT
An adjustment in salary as a result of a wage and benefit study, classification study, etc.
SENIORITY
The length of full-time continuous service with the City. Seniority shall be given serious consideration in shift assignment, days off, and choice of vacation days, if in the opinion of the administrative staff all other things are relatively equal. Seniority shall be terminated by resignation, discharge for cause, retirement, or failure to return to work from lay-off within seven (7) calendar days after notice to return by certified or registered mail addressed to the employee and sent to the employee's last known address on file with Human Resources.
SPECIAL ADJUSTMENT
A temporary increase in pay as a result of performing additional duties not normally required of an employee's classification. A Special Adjustment requires the approval of the Department Head and the Personnel Officer.
SUSPENSION
The temporary removal from duty of an individual, with or without pay, for disciplinary reasons.
TERMINATION
The leaving of City service by an employee due to death, discharge, layoff, resignation, retirement, or work completion.
TRANSFER
The movement of an individual from one department to another while remaining in the same class with similar duties and responsibilities.
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CHAPTER III - GENERAL PROVISIONS
SECTION 1. EQUAL EMPLOYMENT OPPORTUNITY
It is the City's policy to provide equal employment opportunities for all applicants and employees consistent with Federal and State law. Any employee having any questions regarding this policy should discuss them with the City Manager's Designee.
SECTION 2. POLITICAL ACTIVITY PROHIBITED
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest. City employees shall not engage in political activities in violation of Government Code Section 3201 et seq. No one employed by the City may engage in political activities on City premises, while engaged in official duties, using City equipment, displaying the City logo, or wearing an official City uniform. Employees also share with their fellow citizens the right to voice their opinion on public issues. Employees may advocate for issues of personal interest only when doing so does not conflict with the performance of their official duties.
SECTION 3. OUTSIDE EMPLOYMENT
Regular, full-time City employees may not hold outside employment that is incompatible with their City employment. City employees are employed on the condition that employment with the City is their primary employment and that they shall not engage in any employment, activity, or enterprise for compensation, or any volunteer work that is inconsistent, incompatible, or in conflict with their duties, functions, or responsibilities as a City employee. Each regular, full-time employee who holds any other position in addition to City employment must submit a written request to Human Resources and it must be authorized by the Department Head and the City Manager prior to accepting such employment.
SECTION 4. EMPLOYEE DUTIES
Employees are required to carry out the essential functions and responsibilities of their employment.
SECTION 5. VIOLATION OF RULES
Violation of the provisions of these rules shall be grounds for disciplinary action, up to and including termination.
SECTION 6. AMENDMENT OF RULES
These rules may be amended by the City Council in the manner prescribed for the amendment of other resolutions, or by the City Manager, and pursuant to the terms of any applicable Memorandum of Understanding.
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SECTION 7. EMPLOYEE STANDARDS OF CONDUCT AND CODE OF ETHICS Employees are required to be mindful of the Code of Ethics and uphold the intent of the tenets and guidelines of the Code. Employees are required to adhere to the Employee Standards of Conduct (Chapter XXIII).
SECTION 8. FEDERAL TAXES
Completion of appropriate IRS forms will be required of all personnel at the time of employment.
The number of exemptions claimed will determine the amount of federal tax deductions.
SECTION 9. SOCIAL SECURITY
Regular, full-time employees of the City do not participate in Social Security, so no deductions will be taken from employees' salaries for this purpose. However, all employees, full and part-time, are required to have a Social Security number and/or meet other legal requirements including legal authorization to work in the United States by proof of citizenship or permanent residency status at the time of employment.
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CHAPTER IV - CLASSIFICATION
SECTION 1. CLASSIFICATION PLAN
Each position in the City services is defined by specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, physical requirements, and other qualifications to be required of applicants for positions in each class.
The City of Yucaipa has an established list of classifications, maintained by City Council adopted resolutions. Please reference the latest City Council -adopted Salary, Benefit, and Classification Plan resolutions for a current list of classifications.
The following definitions shall apply for the purposes of classifications:
A. Permanent: Any regular, full-time employee who is appointed to a position for a one year or longer term, is occupying a position established on a continuing basis, has successfully completed a probationary period in the specific classification in the competitive service, and is retained in that classification in accordance with this Manual.
B. Probationary: Any employee appointed to fill a permanent position in the competitive service, but who has not completed the probationary period. The probationary employee will be evaluated periodically during the probationary period and is subject to termination, with or without cause, at the discretion of the Department Head, or designee. Termination may be exercised at any time during the probationary period. Effective on the first day following the successful completion of the probationary period the employee shall be considered thereafter a permanent employee of the City.
C. Provisional: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in the absence of available eligible. This is sometimes referred to as an "Interim Appointment." D. Part-time: An employee in a position normally working a fraction of the normal workday or workweek and whose hours may be regular or irregular. Employees hired in this category are excluded from receiving City benefits and serve at the will of the respective Department Head.
Those employees who are assigned such hours that result in an accumulation of one thousand (1,000) hours within the fiscal year shall become eligible for participation in the City's retirement program through Ca1PERS but shall not obtain permanent status.
E. Temporary, part-time (seasonal): A person employed to meet a short-term need of the City in a limited -service position. Employees hired in this category are excluded from receiving City benefits and serve at the will of the respective Department Head. Temporary, part-time employment may be terminated at any time with or without cause or prior notice to the employee and without the right of appeal. Temporary, part-time employees have no guarantee as to the minimum number of hours that they will be asked to work by the City. Certain PAGE 12 Revised 2024-05-13
temporary, part-time employees who are employed in a seasonal capacity (e.g., summer recreation employees) may routinely work up to 40 hours per week; however, supervisors shall make every effort to ensure that these employees do not work more than one thousand (1,000) hours within a fiscal year.
F. Management: An employee with city-wide and/or departmental responsibility for implementing program requirements through supervision; and for formulating, administering, and managing city policies and programs.
G. Supervisor: An employee with responsibility and authority to effectively recommend hiring, transferring, suspensions, layoffs, recalls, promotions, discharging, assigning, and disciplining.
H. Confidential: Certain employee classifications are deemed to be confidential in nature due to their access to confidential information related to employee negotiations and therefore are to be precluded from representing the bargaining unit during employee negotiations. The classifications deemed to be confidential are outlined in the Memorandum of Understanding.
I. Exempt: An employee who is not covered under the Fair Labor Standards Act (FLSA).
J. Non-exempt An employee who is covered by the overtime provisions of the Fair Labor Standards Act (FLSA).
K. At -Will: Any designated management employee who is not included in the competitive service.
Such at -will classifications are designated in the City's Salary Schedule, as adopted by Resolution. At -will employment means that both employees and the City have the right to terminate employment at any time, with or without advance notice, and with or without cause.
Employment at -will means that the employer has the right to change the terms and conditions of employment with or without notice, with or without cause, including, but not limited to termination, demotion, promotion, transfer, compensation, benefits, duties, and location of work. Accordingly, either the employee or the City can terminate the employee relationship at any time with or without cause at either party's option with or without advanced notice.
Nothing in this Manual or in any document or statement shall limit the right to terminate employment at -will. Employees offered employment in an at -will capacity shall agree to such terms at the time of hire and may be asked to enter into an employment agreement with the City at the discretion of the City Manager.
SECTION 2. ADOPTION, AMENDMENT, AND REVISION OF PLAN
The list of classifications may be amended from time to time by resolution of the City Council.
SECTION 3. NEW POSITIONS
When a new position is created, an employment eligibility list will be established before an appointment is made, unless the position is filled by a promotional appointment.
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SECTION 4. CLASSIFICATION STUDIES
Classification studies shall be conducted from time to time to determine if the duties and responsibilities of a position have substantively changed, have become inequitably aligned in relation to other classifications within the City service, and/or are otherwise incorrectly designated.
The Personnel Officer shall conduct the classification study and, as a result, a position may be reclassified to a more appropriate classification, whether new or already authorized, at a higher or lower maximum salary level.
After conducting a classification study of the position(s), the Personnel Officer shall recommend classification changes, if any, to the City Manager. The City Manager, at his/her discretion, may present recommended changes to the City Council for approval, after any required meet and confer with applicable bargaining unit(s).
SECTION 5. QUALIFYING EXAMINATION
A reclassification with a title change that results in a salary increase above the old classification may require of the incumbent a qualifying examination to determine whether or not the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the Personnel Officer. It may be an interview, demonstration of skills and abilities, or a written examination. An incumbent proposed for a reclassification who does not pass the qualifying examination shall retain his or her original classification until he or she does pass the qualifying examination.
An employee whose position is being reclassified upward and who has demonstrated competency in the position need not take a qualifying examination.
SECTION 6. Y-RATE
When a reclassification results in a lower maximum rate of pay for the incumbent, the incumbent shall be "Y-Rated" at the salary level he/she has earned up to that time, until the market for the classification catches up to the incumbent's salary level.
SECTION 7. MISUSE OF CLASSIFICATION
Reclassification or reallocation of positions to classes shall not be used for the purpose of avoiding restrictions surrounding demotions or promotions.
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CHAPTER V - COMPENSATION
SECTION 1. COMPENSATION PLAN The City has established salary ranges covering all classes and positions within the City service with minimum and maximum rates of pay. Rates of pay for all positions are updated annually and can be found on the City's website at yucaipa.gov/human-resources/.
SECTION 2. AMENDMENT OF PLAN
The compensation plan may be amended from time to time by action of the City Council.
SECTION 3. COMPREHENSIVE COMPENSATION SURVEY
A Comprehensive Compensation Survey will be conducted as needed to assure that the City's jobs are paid equitably against the labor market. The Survey will include each position and include labor market comparisons to other cities selected by the Personnel Officer.
SECTION 4. SALARY UPON INITIAL HIRE
Employees occupying a position in the City service shall be paid at the rate established for their positions. All original appointments shall be made at the minimum rate for the position. If circumstances warrant, the City Manager shall have the discretion to place the employee at any salary level within the salary range of the position into which the employee is hired.
SECTION 5. MERIT ADVANCEMENT
The City Manager has the authority and discretion to adjust all regular and part-time employee salaries within their range at any time. The City Manager shall justify a salary change within the range with documentation and based on the performance and skill -level of the employee.
SECTION 6. EVALUATION
Each employee will be formally evaluated annually in regard to the employee's performance of his or her work responsibilities. In the evaluation, the City will consider and evaluate the employee's salary for a potential merit advancement. Performance evaluations will be tracked by Human Resources.
Based on performance, normal progression through the steps within a given range will result in annual increases of 2.5% or 5% per year. The increase effective date is the beginning of the closest payroll period following the employee's anniversary date.
SECTION 7. EXEMPLARY PERFORMANCE RECOGNITION PROGRAM (EPRP) The City Council has authorized the City Manager to recognize exemplary employee performance with a temporary (up to one year) salary increase. Employees become eligible for Exemplary Performance Recognition Program (EPRP) consideration when they have been at the top of their respective salary range for a period of not less than one year and have demonstrated exemplary PAGE 15 Revised 2024-05-13
performance. At City Manager discretion, a temporary salary increase of up to 5% may be awarded.
The EPRP is intended to be exercised sparingly, at the discretion of the City Manager. For each EPRP salary increase authorized, the City Manager must document the supporting justification.
The City continues to demand outstanding performance from its employees and recognizes that very few instances of an EPRP adjustment will be the result of the outstanding performance expected.
To become eligible, a full-time employee must have been at the top of their respective salary range for a period of not less than one year. The process to be awarded an EPRP adjustment is as follows:
• A notice of recommendation is drafted by the employee's Department Head recognizing the exemplary performance. The notice may include examples of exemplary achievements such as:
o The employee has demonstrated and sustained outstanding achievements that consistently exceed the standards and expectations for the job; and/or o The employee has gone above and beyond by not only fulfilling all normal job duties, but also added duties to accomplish a special project or achieve a certain goal; and/or o The employee serves as an exceptionally effective and cooperative team member by demonstrating superior interactions with coworkers and the community. • The notice of recommendation is provided to Human Resources for inclusion in the employee's record.
• The notice of recommendation is provided to the City Manager as recognition of exemplary performance and for consideration for an EPRP adjustment. • If the City Manager agrees with the proposal, the City Manager will coordinate with Human Resources to implement the EPRP temporary salary increase. Upon approval, the Department Head shall clearly communicate to the recognized employee the specific outstanding achievements that led to the award.
• If awarded an EPRP temporary salary increase, the increase shall be valid for no longer than one-year and does not automatically renew. EPRP salary increases will have no bearing on future salary adjustments, such as those related to promotions, demotions, reclassifications, etc.
SECTION 8. SALARY ON PROMOTION
An employee promoted to a position having a greater maximum salary will be placed at a salary that results in not less than a five percent (5%) increase above the employee's current regular salary.
The City Manager may establish the salary at a higher level within the range.
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SECTION 9. SALARY ON DEMOTION
An employee who is demoted will be placed within the salary range for the position into which demoted. The salary will be set at a level that is lower and closest to the salary the employee was receiving before the demotion.
SECTION 10. SALARY ON RECLASSIFICATION
An employee whose position title is changed but will be performing similar duties will receive the salary set forth below.
A. If the new position title maintains the same salary range, the salary will not change.
B. If the new position title has a higher salary range, the salary adjustment will be determined at the discretion of Human Resources.
C. If the new position title has a lower salary range, the employee will be Y-rated.
SECTION 11. PAY PERIODS
Employees shall be compensated by paycheck or direct deposit according to the applicable pay schedule. Paychecks or paystubs will be made available by the City to employees.
Effective the first pay period of July 1, 2023, pay periods shall be two weeks long (biweekly), beginning on Saturday and concluding on Friday and the City shall pay its employees every other Thursday. At the option of the employees collectively, payroll may be changed to a semimonthly schedule (employees paid on the 1st and 151h of each month) at any time with a simple majority vote of all full-time, regular employees.
SECTION 12. BILINGUAL PAY
Any regular, full-time employee demonstrating bilingual competency in Spanish or proficiency in American Sign Language may be eligible for Bilingual Pay. Employees wishing to be certified as bilingual must submit a Bilingual Certification Request Form to Human Resources.
The certification process will be administered by the City through a neutral, third -party service An employee becomes eligible to receive Bilingual Pay once they are certified as competent in an eligible secondary language. It is expected that any employee receiving Bilingual Pay will assist translation services, regardless of the position, classification, or department of the bilingual employee.
The certification is valid for one year with an automatic renewal. The City reserves the option to require a recertification exam at any point following the first one-year period.
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A. Bilingual Compensation Levels
i. Level
Involves the use of English and a second language to communicate and interpret simple documents. Certification requires assessment through designated evaluator contracted by the City. Employees demonstrating this level of bilingual competency in Spanish or proficiency in American Sign Language may receive one -hundred twenty-five dollars ($125.00) per month in Bilingual Pay [(calculated as $57.69 per biweekly pay period ($125 per month * 12 months - 26 pay periods)].
ii. Level II
Involves reading, writing, and speaking in both English and a second language.
Certification requires assessment through designated evaluator contracted by the City.
Employees demonstrating this level of bilingual competency in Spanish may receive one - hundred fifty dollars ($150.00) per month in Bilingual Pay [(calculated as $69.23 per biweekly pay period ($150 per month * 12 months - 26 pay periods)].
Note: No Bilingual Pay shall be provided where written translation alone is demonstrated.
B. Procedure
• An employee requesting Bilingual Pay must submit a Bilingual Certification Request Form to Human Resources.
• Human Resources will review the request and coordinate the scheduling of a bilingual certification with the City's neutral, third -party examiner. • The examiner conducts the exam and provides the results to Human Resources. • Human Resources will utilize the results of the examination to determine which Bilingual Compensation Level, if any, the employee is entitled to. • Upon approval, the Bilingual Certification Request Form will be entered into the Payroll system effective the following pay period.
• Employees will receive their Bilingual Pay allowance in the biweekly amount of $57.69 for Level I or $69.23 for Level II (Written).
• Bilingual pay will be prorated for employees who are in a non -pay status for any part of a pay period.
PAGE 18 Revised 2024-05-13
SECTION 13. OVERTIME
Overtime for non-exempt employees is defined as hours assigned, and actually worked, in excess of forty (40) hours in the designated work week. As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations.
Non-exempt employees working overtime when not expressly authorized to do so shall be subject to discipline.
Although the City generally discourages overtime, occasionally it may be necessary. A Department Head may prescribe reasonable amounts of overtime for periods of time, to meet the operational needs of the department, while remaining within department and City budget restrictions. In the event of an emergency or disaster, all City employees may be required to report to work without prior overtime authorization.
Overtime assigned and worked by non-exempt employees shall be compensated in accordance with state and federal law, at one and a half (11/2) times their regular rate of pay. Employees eligible to receive overtime compensation may receive pay or may opt to receive compensatory time ("comp time") at a rate equivalent to overtime pay, except an employee may not accrue more than eighty (80) hours comp time at any time.
A. Comp Time Cash Out Option. Employees with comp time balances may request to be paid out or have the cash value rolled into a deferred compensation plan. The option will be administered as follows:
Elections are made by completing and submitting a Comp Time cash out form to Human Resources prior to November 15.
ii. Cash out payments will be deposited to the employee's deferred compensation account.
Note that these payments have tax advantages and are subject to other City benefit policies (i.e., City match).
iii. Employees may opt to forego the tax advantaged account and the City match by electing to receive a cash payment instead. Note that this option is subject to tax at the supplemental income rate.
iv. These payments will be processed in December of each year.
V. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.
Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime.
PAGE 19 Revised 2024-05-13
SECTION 14. CALL-BACK PAY
In the event of an emergency or disaster, all City employees may be required to report to work.
When a non-exempt employee is required to return to active duty after being released from service after a shift, the employee will be compensated for a minimum of two (2) hours at time and one- half. All time worked over two (2) hours will be compensated at the rate of time and one-half for the actual hours worked, except when such time runs into the employee's regularly scheduled work shift.
A. Meals During Emergency Work Situations
During emergency overtime situations which extend beyond a period of four hours, the City will make every effort to allow time for meals. If the emergency conditions or the location of the work site prevent the employees from leaving the work site for an adequate period of time, then meals will be provided for the employees at City expense.
SECTION 15. ON -CALL COMPENSATION
Employees who are released from active duty but are required by their departments to meet the following restrictions shall be assigned to be on -call.
Being on -call requires that employees so assigned shall: (1) be reachable by telephone or other communicating devices; (2) be able to report to active duty within 30 minutes time; and (3) refrain from activities which might impair their ability to perform assigned duties.
On -call assignments shall be rotated among qualified employees on a weekly basis beginning at the end of the normal workday on Monday and ending at the beginning of the workday on the following Monday.
Employees shall accrue eight (8) hours of compensatory time for each week of scheduled on -call assignment. Employees required to report to work shall be compensated in accordance with Call - Back Pay or the actual hours worked, whichever is greater.
Due to anticipated events (such as weather events), employees may be placed on -call for a single night or weekend. Employees shall accrue two (2) hours of compensatory time for each night they are designated to an emergency on -call assignment. Employees required to report to work shall be compensated in accordance with Call -Back Pay or the actual hours worked, whichever is greater.
SECTION 16. ACTING PAY
An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the position title in which the employee is normally assigned shall receive acting compensation.
A. Acting pay shall be provided only for appointments with duration greater than twenty-one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of the appointment.
PAGE 20 Revised 2024-05-13
B. Such acting appointments shall be made in writing by the City Manager.
C. Compensation shall be at the entrance of the salary range of acting position, or a minimum of five percent (5%) higher than the employee receives, whichever is greater.
PAGE 21 Revised 2024-05-13
CHAPTER VI - BENEFITS - REGULAR, FULL-TIME EMPLOYEES
SECTION 1. RETIREMENT PLAN
A. The City is a member of the Public Employees Retirement System (PERS). Eligible employees who enrolled in PERS prior to December 31, 2012, are considered "Classic" members and participate in the 2%@55 retirement program. Employees enrolled on or after January 1, 2013, or have a gap of employment greater than 6-months, are considered "PEPRA" members and participate in the 2%@62 retirement program consistent with Assembly Bills 340 and 197 enacted September 12, 2012. All conditions of PERS apply to all eligible employees of the City of Yucaipa.
B. The pensionable compensation used to calculate the defined benefits paid to PEPRA member employees will not exceed the maximum amount specified in the federal retirement system (United States Code Title 42 4 430(b), as may be amended from time to time); as adjusted annually based on changes to the Consumer Price Index for all Urban Consumers.
C. PEPRA member employees pay 100% of the employee portion of the retirement program or 50% of the "normal cost," defined as that portion of the present value of projected benefits under the defined benefit plan that are attributable to the current year of service (also known as the "Member Contribution Rate as a percentage of payroll"), whichever is higher. Exercising its authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC), all employee's payments for the retirement program are tax deferred. For PEPRA member employees, the City is prohibited from making contributions greater than the amount specified in the federal retirement system.
D. In accordance with California Public Employees' Retirement Law (PERL) and the City's employer contract with Ca1PERS, the final compensation is the highest average annual compensation during any consecutive 12-month period of employment for Classic members or the average annual compensation for a consecutive 36-month period of employment for PEPRA members. "Compensation" is defined as the normal monthly rate of pay or base pay for the employee for services rendered on a full-time basis during normal working hours, pursuant to the City's pay schedule. It does not include pay for unused leave balances or overtime pay.
E. Employees are permitted to replenish their Public Employees Retirement Account (PERS) out of their own funds if they have chosen to remove those funds from PERS following termination of previous employment.
F. Regular, full-time employees of the City (and any other City employees that are enrolled in PERS) do not participate in the Social Security system.
PAGE 22 Revised 2024-05-13
G. Newly retired former employees, or retired employees of another PERS member, are required to sit out for at least 180 days before returning to work for the City to avoid forfeiture of their retired status. Such employees also cannot serve more than 960 hours in a fiscal year. This subsection shall not apply to employees hired to fill a critically needed position, where the appointment has been approved by City Council in a public meeting.
H. Any public official or employee who is convicted of a felony related to performance of his or her official duties, related to seeking an elected office or appointment, in connection with obtaining benefits, or committed against a child who the official or employee has contact with as part of his or her official duties, forfeits all pension benefits earned or accrued after the date of the conviction.
SECTION 2. INSURANCES
A. All employees of the City are covered with basic benefits as required by law, including State Disability Insurance (SDI), Unemployment Insurance, and Worker's Compensation Insurance.
B. All regular, full-time employees are eligible for coverage under the City's medical, dental, vision, and life insurance policies. These benefits may be increased or decreased from time to time at the discretion of the City Council. The City reserves the right to change carriers. No employee has any vested right to any type of insurance coverage or benefits, unless required by law.
C. Employees may choose to contribute pre-tax dollars to the City's authorized optional benefit plans through a written authorization for payroll deductions.
D. The City of Yucaipa covers up to a specific amount (as specified in the applicable Memorandum of Understanding and/or Council -adopted Resolution) of each regular, full- time employee's premiums for health and dental insurance. The City covers 100% of the employee's premiums for vision insurance and basic life insurance.
E. All benefit elections made by an eligible employee are effective for an entire year (January 1 through December 31 for health and July 1 through June 30 for all other coverages) unless the employee experiences an eligible change in status or other event as listed in this policy.
Open enrollment. All eligible employees will be notified annually of the open enrollment period(s). Benefit options may be selected and/or changed during this period. Typically, the open enrollment period for health benefits will occur from the third Monday in September to the second Friday in October. Benefits selected during open enrollment will become effective January 1. The open enrollment period for all other coverages typically occurs in the spring and benefits selected during this open enrollment become effective July 1.
PAGE 23 Revised 2024-05-13
2. Change in status. All eligible employees may change their benefit selections during the plan year if they experience a change in status and the change in benefits is consistent with the change in status. A selection change is consistent if the change is "on account of and "corresponds with" a change in status event that affects eligibility for coverage. Change in status includes:
• Change in marital status
• Change in number of dependents
• Change in employment status
• Change in the eligibility of dependents
• Change in residence that directly affects coverage
3. Family and Medical Leave Act (FMLA). Eligible employees who take unpaid FMLA leave may revoke their benefit selections during their unpaid leave. The eligible employee may reinstate their benefit selections on the same terms and conditions upon return from unpaid leave.
4. Judgement, decree, or order. Eligible employees may revoke or change their benefit selections if a judgement, decree, or order resulting from a divorce, legal separation, annulment, or change in legal custody requires health coverage for an eligible employee's child.
5. Entitlement to Medicare or Medicaid. Eligible employees may revoke or change their benefit selections if the eligible employee, spouse, or other dependent becomes entitled to Medicare or Medicaid.
6. Significant cost or coverage changes. If the cost of an eligible employee's selected health or dental plan increases or decreases during the plan year by more than 20%, the eligible employee may change their selection, or make a corresponding change to any pre-tax contribution they are making.
7. Coverage changes. If the plan coverage that an eligible employee has selected ceases or is significantly curtailed, the eligible employee may revoke their corresponding selection, and/or enroll in a similar plan. Significantly curtailed means that there is an overall reduction in coverage provided by the plan, such as an HMO ceasing to be available in the area that the eligible employee resides.
PAGE 24 Revised 2024-05-13
F. Health Benefits. The City offers Health Maintenance Organization (HMO) Basic Health Plans, Preferred Provider Organization (PPO) Basic Health Plans, and Exclusive Provider Organization (EPO) Health Plans through the California Public Employee Retirement Systems (Ca1PERS) organization. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.
G. Dental Benefits. The City offers Dental Insurance benefits. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.
H. Vision Benefits. The City offers Vision Insurance benefits. Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment.
I. Life Insurance Benefits. The City offers Life Insurance benefits for the employee only. Spouses and dependents are not eligible for Life Insurance coverage by the City under this policy.
However, eligible employees may purchase Life Insurance coverage for their dependents.
Specific providers, plans, and rates may change from time to time. All employees will be notified of providers, plans, and rates each year during open enrollment. Life insurance coverage may not exceed $50,000 to be eligible under this policy for pre-tax contributions.
J. Supplemental Insurance Benefits. The City offers Supplemental Insurance benefits for the employee, spouse, and dependents, under this policy. Specific providers and rates may change from time to time. All employees will be notified of providers and rates each year during open enrollment.
K. Cash Out. If an eligible employee receives health insurance coverage through a source outside of the City's benefit plan, they may elect to receive a monthly cash -in -lieu of insurance payment in the amount of $250.00 (as specified in the applicable Memorandum of Understanding) payment as taxable income. In order to be eligible for this cash -in -lieu option, the eligible employee must complete a Medical Declination Statement and provide proof of health insurance coverage acceptable to the City. This form must also be submitted annually during the Open Enrollment period. Eligible employees who become ineligible under other group health plan coverage, due to no fault of their own, are eligible for reinstatement under the City's plan, provided the City is notified within thirty (30) days of the loss of coverage.
1. An eligible employee employed full-time with the City of Yucaipa on or before May 8, 2023, is "grandfathered" into the City's previous flexible benefit plan (as specified in the applicable Memorandum of Understanding).
i. Grandfathered employees receiving the flexible benefit as cash shall be allowed to maintain the benefit. Should an employee elect to participate in the City sponsored medical plan in the future, such election shall be final in that the employee will in PAGE 25 Revised 2024-05-13
perpetuity no longer be grandfathered into the City's previous flexible benefit plan and thus will be ineligible to receive the benefit as cash. ii. If a grandfathered employee opts out of the City sponsored medical plan in the future, they will be eligible for the cash -in -lieu payment of $250.00 per month.
SECTION 3. DEFERRED COMPSENSATION PLAN
The City of Yucaipa offers an employee funded deferred compensation program. The City will match the employee's contribution up to 3% of the employee's salary, up to the IRS contribution limits. Information and applications for the deferred compensation program can be obtained from Human Resources.
SECTION 4. RETIREMENT HEALTH SAVINGS (RHS)
The City of Yucaipa offers a Retirement Health Savings (RHS) Program for eligible employees. An RHS is an account that allows a participant to deposit funds, pre-tax, and use those funds upon retirement for eligible medical expenses. The funds are also withdrawn tax-free when used for eligible expenses. The RHS is subject to the following guidelines:
• Employees are eligible to participate in the RHS upon retirement from the City. • Participation is mandatory if an employee retires with eligible leave accrual balances equal to a minimum of 160 hours.
o Eligible accrual balances include vacation, holiday, administrative leave, compensatory time, and others, as applicable.
• Upon retirement, the value of the entire amount of eligible leave balances is deposited into an RHS account. (If, upon retirement, employee does not qualify for participation, then the value of the eligible accrued leave balances will be paid directly to the employee. • Funds in the RHS account shall be used for any eligible medical expenses, including premiums, subject to the program provisions outlined by the IRS.
SECTION 5. SERVICE LEVEL AWARDS
The City of Yucaipa recognizes regular, full-time employees for their years of services based on five-year increments beginning with the fifth year. The City recognizes employees that are eligible for service recognition in December of each year to ensure timely acknowledgment. The service level awards are as follows:
Years of Service
Service Level Award
5 years
Service pin, certificate of appreciation, $25 gift certificate 10 years
Service pin, certificate of appreciation, $50 gift certificate PAGE 26 Revised 2024-05-13
15 years
Service pin, certificate of appreciation, $75 gift certificate 20 years
Service pin, certificate of appreciation, $100 gift certificate 25 years
Service pin, certificate of appreciation, $125 gift certificate 30 years
Service pin, certificate of appreciation, $150 gift certificate 35 years
Service pin, certificate of appreciation, $175 gift certificate 40 years
Service pin, certificate of appreciation, $200 gift certificate SECTION 6. OTHER BENEFITS
A. If a regular, full-time employee retires from the City of Yucaipa, the retiree will be eligible for continued health coverage through PERS. Health plan options and terms of the program are governed through the City's contract with PERS.
B. A surviving beneficiary of a current or former PERS employee will receive benefits through PERS, as appropriate to the individual circumstances. The terms of these benefits are specified in the City's contract with PERS.
Information describing benefits, including plan choices, can be obtained from Human Resources.
PAGE 27 Revised 2024-05-13
CHAPTER VII - HOURS OF WORK
SECTION 1. WORK SCHEDULE
The City utilizes a 4/10 workweek. Regular, full-time employees shall work four (4) days, ten (10) hours each day, exclusive of meal periods. Most regular, full-time employees will work one of the schedules listed below:
Monday through Thursday 7:00 am to 6:00 pm with a 60-minute meal period Monday through Thursday 7:30 am to 6:00 pm with a 30-minute meal period SECTION 2. ALTERNATE WORK SCHEDULE
Depending on the classification or department, some regular, full-time employees maybe assigned to workdays or hours other than those set forth in Section 1.
SECTION 3. WORKWEEK DEFINED
The work period or work week will begin at 12:00 am on Saturday and end the following Friday at 11:59 pm. The work week shall normally consist of 40 hours of work within this period of seven (7) consecutive days or 80 hours of work within 14 days, except as otherwise provided by law. All employees shall be scheduled to work beginning at regular starting times and ending at regular quitting times.
SECTION 4. WORK WEEK SCHEDULE CHANGE
The City may change the work week when public necessity or convenience so requires. The City shall give the employee appropriate notice of any proposed changes in scheduled work shifts prior to implementation. Whenever possible, said notice shall be two (2) weeks prior to implementation.
Regular work schedules shall not be changed on the day of said change in work schedule for the purpose of avoiding payment of overtime.
SECTION 5. CONFERENCES, HOURS, AND DAYS OF WORK
Employees may be authorized by the City Manager to attend conferences and official business away from the City at full pay. Hours and days of work shall be in accordance with the rules established in Chapter XXI of this document, subject to approval of Human Resources.
SECTION 6. MEAL PERIOD
Pursuant to California Industrial Welfare Commission Wage Orders, public employees are not entitled to meal periods. However, the City still provides and affords non-exempt employees who work more than five (5) hours in a workday, with a nonworking, unpaid meal period. Meal periods shall be 30 minutes, although some employees may opt for a 60-minute meal period. Every effort will be made to schedule such meal periods near the middle of the shift.
PAGE 28 Revised 2024-05-13
SECTION 7. BREAKS
Pursuant to California Industrial Welfare Commission Wage Orders, public employees are not entitled to rest periods. However, breaks are generally granted. Specific stipulations regarding breaks shall be determined by the Department Head. However, at no time shall breaks be used to extend the lunch period, or at the beginning or end of the workday.
PAGE 29 Revised 2024-05-13
CHAPTER VIII - APPLICATIONS AND APPLICANTS
SECTION 1. ANNOUNCEMENTS
All recruitments for positions shall be publicized by means as the City deems advisable. The announcements shall specify the title and pay of the position, duties, and responsibilities of the work to be performed, minimum requirements established, the manner of making application, and any other pertinent information.
SECTION 2. APPLICATIONS
Applications shall be made as prescribed on the announcement. Application forms shall require information covering education, training, experience, and other pertinent information. All applications must be signed by the person applying.
SECTION 3. DISQUALIFICATION
The Personnel Officer may reject any application which indicates on its face that the application does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the Personnel Officer, would render the applicant unsuitable for the position. Falsification of any information presented on the employment application shall be grounds for rejection / disqualification from the recruitment and/or termination from employment if applicant is appointed to the position.
SECTION 4. PROHIBITION AGAINST NEPOTISM
It is the policy of the City to seek the best possible candidates through appropriate search procedures. The City seeks to eliminate or limit even the appearance of impropriety where possible. As such, the City has adopted the following policy regarding application and/or hiring of employee relatives.
For the purpose of this policy, "relative" shall mean a spouse, domestic partner, parent, parent -in- law, stepparent, legal guardian, sibling, stepsibling, sibling -in-law, child, stepchild, child -in-law, legal ward, grandchild, or grandparent.
Each applicant is required to disclose the identity of any relative who is a current employee. An applicant's failure to disclose a relative who is a current employee may result in the rejection of the applicant or future disciplinary action against the applicant after employment, up to and including termination.
Relatives of current employees shall not be hired into positions in which one relative may supervise, directly or indirectly, any other relative. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute direct or indirect supervision:
A. Occupying a position in an employee's direct line of supervision.
B. Functional supervision, such as a lead worker, crew leader, or shift supervisor.
PAGE 30 Revised 2024-05-13
C. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.
Relatives of current employees shall not be hired into positions in which one relative may work in a capacity which would allow a current employee to evaluate or control the terms, conditions, and/or performance circumstances of employment of a relative. Relatives of current employees shall not be hired into any position in which the employment of such relative has the potential for adversely impacting the supervision, safety, security, or morale of other employees. The City shall review each applicant who is a relative of a current employee to determine whether hiring the applicant would result in any of the prohibited situations. If the Personnel Officer finds that any of those situations exists, then the applicant maybe rejected, or may be considered for employment in a position that does not present the above situations.
Current employees shall not participate, directly or indirectly, in the recruitment or selection process for a position for which a relative is an applicant. Current employees having hiring powers or authority to recommend hires shall not, either directly or indirectly, seek to influence or assist in the hiring of any relative to any position within the City. Current employees shall not participate or interfere in, or otherwise attempt influence, any personnel actions affecting his or her relative including, but not limited to, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments.
Prohibited Job Assignments. Relatives of current employees shall not be promoted, assigned, or transferred into positions in which one relative may supervise, directly or indirectly, any other relative. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute direct or indirect supervision:
A. Occupying a position in an employee's direct line of supervision.
B. Functional supervision, such as a lead worker, crew leader, or shift supervisor.
C. Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignment, approval of merit increases, evaluations, and grievance adjustments.
Relatives of current employees shall not be promoted, assigned, or transferred into positions in which one relative may work in a capacity which would allow a current employee to evaluate or control the terms, conditions, and/or performance circumstances of employment of a relative.
Relatives of current employees shall not be promoted, assigned, or transferred into any position where the employment of such relative has the potential for adversely impacting the supervision, safety, security, or morale of other employees.
PAGE 31 Revised 2024-05-13
Change in Status. Current employees must report a change of status to the Human Resources Manager in advance of the effective date where feasible, but in no event later than a reasonable time after the effective date of the change of status. For purposes of this policy, a "change in status" is the change in the legal status or personnel status of one or more current employees.
A. Changes in legal status include, but are not limited to, marriage, divorce, separation, or any such change through which a current employee becomes a relative of another current employee.
B. Changes in personnel status include, but are not limited to, promotion, demotion, transfer, re- assignment, resignation, retirement, or termination of a current employee who is a relative of another current employee.
Within thirty (30) days from receipt of notice, the City shall undertake a case -by -case consideration and individualized assessment of the particular work situation to determine whether the change of status has the potential for creating an adverse impact on supervision, safety, security, or morale. The Human Resources Manager shall make a good faith effort to regulate, transfer, condition, or assign duties in such a way as to minimize problems of supervision, safety, security, or morale. Notwithstanding this, the City retains the right to exercise its discretion to refuse to implement a change in personnel status due to its potential for creating an adverse impact on supervision, safety, security, or morale.
The City shall reasonably monitor and regulate both relatives' conduct and performance for a period of one (1) year from the date of determination. If the City determines that a change of status has caused potential for creating an adverse impact on supervision, safety, security, or morale, the City shall re -visit the prior determination.
Depending on the nature and severity of the situation, the City may transfer one of the relatives to a similar position that would not be in violation of this policy. The transfer will be granted provided the relative qualifies and there is an opening to be filled. There can be no guarantee that the new position will be within the same classification or ay the same salary level. If the situation cannot be resolved by transfer or by good faith efforts to regulate, transfer, condition, or assign duties in such a reasonable way that would not be in violation of this policy, one of the relatives must separate from City employment.
Pre -Existing Relationships. Where situations exist prior to the effective date of this policy that may be in conflict with these rules, reasonable efforts shall be made to address the situation so as to minimize potential problems of supervision, safety, security, or morale and to avoid future conflict.
PAGE 32 Revised 2024-05-13
CHAPTER IX - EXAMINATIONS
SECTION 1. NATURE AND TYPES OF EXAMINATION
The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the position to which they seek to be appointed.
Examinations shall consist of selection techniques which will test fairly the qualifications of the candidates. The Human Resources Manager may select the appropriate examination(s) to be utilized in the selection process.
When a vacancy occurs or is anticipated, the Department Head may request suspension of examination. Examination may be suspended, and appointment made if the City Manager or designee finds that the position requires unique qualifications, examination is impractical, and/or the position can best be filled by the selection of some designated person of recognized attainments.
SECTION 2. PROMOTIONAL EXAMINATIONS
All candidates for promotion must meet the minimum qualifications identified by the Human Resources Manager. The Human Resources Manager will determine whether the examination is open competitive or a promotional appointment.
SECTION 3. CONTINUOUS EXAMINATIONS
Open competitive examinations maybe administered periodically for a single position as the needs of the service require. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the Human Resources Manager.
SECTION 4. CONDUCT OF EXAMINATIONS
The Human Resources Manager and the Department Head will determine the manner and methods and by whom examinations shall be prepared and administered.
SECTION 5. REASONABLE ACCOMMODATION IN TESTING
Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process, the City may modify the process to eliminate the testing barrier.
SECTION 6. BACKGROUND INVESTIGATIONS
Following a conditional offer of employment, each prospective employee shall submit to a criminal background check. The City does not consider, distribute, or disseminate information about any of the following while conducting a criminal background check in connection with a job application: an arrest not followed by a conviction, except when the applicant is out on bail or his/her own recognizance is pending trial, a referral to or participation in a pre-trial or post -trial PAGE 33 Revised 2024-05-13
diversion program, or a conviction that has been sealed, dismissed, expunged, or statutorily eradicated pursuant to law.
If the City's criminal background check reveals an applicant's prior conviction, the City shall conduct an individualized assessment to determine whether the conviction has a direct and adverse relationship with the specific job duties that may justify denying employment. The following factors shall be considered as part of the individualized assessment: the nature and gravity of the offense or conduct, the time that has passed since the offense or conduct and completion of the sentence, and the nature of the job held or sought.
If the results of the City's individualized assessment justify denying employment, the applicant shall be provided with notice and an opportunity to respond within five (5) business days. Written notice of the preliminary decision to deny employment shall be provided to the applicant. The written notice shall contain the identity of the disqualifying conviction, a copy of the conviction history report, an explanation of the applicant's right to respond to the notice before a final decision is made, notice of the deadline to respond within five (5) business days, and an explanation informing the applicant that the response can include evidence challenging the accuracy of the conviction history report and/or evidence of rehabilitating or mitigating circumstances.
If the City makes a final decision not to hire the applicant based on the conviction history after considering the applicant's response, the City shall provide a final determination notice that includes notice of the final denial, any existing procedure the City has for the applicant to challenge the final decision, and the applicant's right to file a complaint with the Department of Fair Employment and Housing.
SECTION 7. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation.
SECTION 8. NOTIFICATION OF SELECTION PROCESS RESULTS
Each person competing in an employment selection process shall be given notice of the results from the examination.
PAGE 34 Revised 2024-05-13
CHAPTER X - EMPLOYMENT ELIGIBILITY LISTS
SECTION 1. EMPLOYMENT ELIGIBILITY LISTS
As soon as possible after the completion of an examination, the Human Resources Manager will prepare and keep available an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically.
SECTION 2. REMOVAL OF APPLICANTS FROM LIST
The name of any person appearing on an employment eligibility list shall be removed by the Human Resources Manager if the person eligible requests in writing that his or her name be removed, fails to respond to a notice sent to his or her last known address, or has been certified for appointment and has not been appointed.
SECTION 3. USE OF EMPLOYMENT ELIGIBILITY LISTS
A vacant position may be filled by the appointment of a person whose name is on an employment eligibility list for the position.
PAGE 35 Revised 2024-05-13
CHAPTER XI - METHOD OF FILLING VACANCIES
SECTION 1. TYPES OF APPOINTMENT
All vacancies shall be filled by re-employment, transfer, voluntary demotion, promotion, from eligible applicants by a process deemed appropriate by Human Resources, or by City Manager appointment.
SECTION 2. APPOINTMENT
After interview(s) and an examination, if deemed necessary for the selection of a candidate, Human Resources or designee shall thereupon notify the person of the conditional offer of employment, subject to passing any required medical examinations and all necessary background investigations.
SECTION 3. TEMPORARY ASSIGNMENTS
Employees may be temporarily assigned higher or lower duties without a change in pay, unless the assignment qualifies under the Action Pay. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule, of such variations shall be considered as incidental to the position.
SECTION 4. EXTENDED ASSIGNMENT TO VACANT HIGHER POSITION Employees assigned to perform duties in a vacant higher level regular position in excess of twenty- one (21) consecutive calendar days as authorized by Human Resources shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment (see CHAPTER V, Section 16, Acting Pay). The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of Human Resources to adjust the salary rate increase.
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CHAPTER XII - PROBATIONARY PERIOD
SECTION 1. LENGTH OF PROBATIONARY PERIOD
All initial and promotional appointments shall be tentative pending successful completion of a probationary period of not less than one (1) year of actual service. The probationary period may be extended by the Department Head with the approval of Human Resources. Actual probationary periods may vary depending upon classification.
SECTION 2. OBJECTIVE OF THE PROBATIONARY PERIOD
During the probationary period, an employee may be released from employment by the Department Head without cause and without right of appeal. Notification of release from employment in writing shall be served to the probationary employee and a copy filed in the personnel file. Failure to terminate an employee during his/her probationary period will result in the employee obtaining permanent status.
An employee serving a probationary period after a promotion may be returned to his or her former position if the Department Head feels the employee is incapable of fulfilling the duties of the promoted position after a reasonable period of time and if the former position has not been eliminated and is vacant.
SECTION 3. EXLUSIONS
At -will employees serve at the pleasure of the City Manager and therefore are not subject to a probationary period.
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CHAPTER XIII - ATTENDANCE AND LEAVES
SECTION 1. ATTENDANCE
Full-time employees shall be in attendance in accordance with the rules regarding hours of work, holidays, and leave. Absence of any employee without leave may result in disciplinary action, including discharge.
SECTION 2. VACATION LEAVE
Vacation is a right, earned as a condition of employment, to a leave of absence with pay for the recreation and well-being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and authorization of the employee's supervisor. (a) Employees in regular, full-time positions shall accrue, on a pro-rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned, provided an employee has completed six (6) months or its equivalent of continuous service from the employee's benefit date. Vacation allowances are as follows:
Management Employees
Length of Service from Benefit Date Annual Vacation Allowance 6 months - 24 months (2 years) 80 Hours
25 months (3 years) - 108 months (9 years) 120 Hours
109+ months (Greater than 9 years) 160 Hours
All Other Employees
Length of Service from Benefit Date Annual Vacation Allowance 6 months - 48 months (4 years) 80 Hours
49 months (5 years) - 108 months (9 years) 120 Hours
109+ months (Greater than 9 years) 160 Hours
(b) Maximum Accrual. Employees shall be permitted to accumulate a maximum of 500 hours of vacation leave.
If an employee has reached the maximum allowed unused balance and is unable to take a vacation leave due to the demands of the City, the appointing authority will approve a waiver of the maximum allowed unused balance for a period not to exceed one six-month waiver per year. At the end of that six-month waiver period, no additional vacation time shall accrue to the employee.
(c) Vacation Leave Cash Out Option. Employees are encouraged to utilize their negotiated time off benefit. In lieu of vacation time, an employee shall have the right to sell accrued vacation hours back to the City under the following condition:
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i. If an employee has a banked balance exceeding the equivalent of one (1) year of vacation accrual, that employee can opt to sell up to half of a year of vacation accrual. For example, an employee that accrues 80 hours of vacation per year and has accumulated 80 hours in their accrual bank may opt to sell back 40 hours. The option will be administered as follows:
1. Elections are made by completing and submitting a vacation cash out form to Human Resources prior to November 15.
2. Cash out payments will be deposited to the employee's deferred compensation account.
Note that these payments have tax advantages and are subject to other City benefit policies (i.e., City match).
3. Employees may opt to forego the tax advantaged account and the City match by electing to receive a cash payment instead. Note that this option is subject to tax at the supplemental income rate.
4. These payments will be processed in December of each year.
5. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.
(d) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes.
Vacation leave shall be compensated at the employee's base rate of pay. (e) Vacation periods should be taken annually with the approval of the employee's supervisor. The time during a calendar year at which an employee may take his or her vacation shall be determined by the employee's supervisor with due regard for the wishes of the employee and with particular regard for the needs of the City.
(f) All vacation leave requests shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor. Written requests for vacation leave shall receive a written response within two (2) weeks of submission. When circumstances warrant, and advance notice is impractical, the employee's supervisor may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the employee's supervisor or Human Resources may deny the use of vacation time or any leave accruals and said employee may be subject to disciplinary action. (g) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits.
(h) Upon separation of employment, employees shall be compensated for vacation accrual balances paid out in full or rolled into a Retirement Health Savings Program (RHS) or a PAGE 39 Revised 2024-05-13
deferred compensation plan. The vacation balances will be paid at the employee's base rate of pay at the time of their separation from employment.
(i) In December of each year, any employee with unused flex time balances shall have that flex time converted to vacation time.
(j) Employees not Eligible for Vacation. Employees on Unpaid Leave do not accrue Vacation Leave. In addition, all part-time employees, including temporary, emergency, or seasonal do not accrue Vacation Leave.
SECTION 3. PAID SICK LEAVE
All regular employees will accrue sick time as defined below. The purpose of sick leave is to provide time for the diagnosis, care, or treatment of an existing health condition, or preventative care, for an employee or an employee's immediate family as defined by the California Family Leave Act. (a) Full -Time Employees
Full-time employees shall accrue sick leave at the rate of 96 hours per year. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years. There shall be no maximum limit on the amount of sick leave that may be accrued by a regular, full-time employee.
ii. Sick leave is accrued in equal increments per pay period worked. iii. Upon termination of employment for any cause other than retirement, sick leave is forfeited.
If an employee retires from City service, sick leave may be converted to years of service as regulated by the Ca1PERS retirement system.
iv. Use of sick leave. An employee eligible for sick leave with pay shall be granted such leave for the following reasons or as otherwise provided by applicable laws and regulations:
1. Illness or physical incapacity of an employee or employee's immediate family.
2. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's immediate family.
3. To attend legal proceedings, or to obtain medical treatment, counseling, or victim services for domestic violence, sexual assault, or stalking.
4. Enforced quarantine of the employee in accordance with community health regulations. v. Eligibility for paid sick leave shall commence when accrued.
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vi. Observed holidays occurring during paid sick leave shall not be counted as days of sick leave. vii. Sick Leave Rollover Option. In December of each year, employees with sick leave balances exceeding 480 hours may opt to rollover up half of a year of sick leave accrual (48 hours) for contribution to the employee's deferred compensation account. This funding will be calculated as half the following year's sick leave accrual (48 hours) multiplied by a rate of 50% of the hourly rate. The option will be administered as follows:
1. Elections are made by completing and submitting a sick leave rollover form to Human Resources prior to November 15.
2. Rollover payments will be deposited to the employee's deferred compensation account.
Note that these payments have tax advantages. This Sick Leave Rollover contribution to the employee's deferred compensation account is NOTsubject to the City match benefit.
3. Employee leave balances will be updated to reflect the payment concurrently as the payments are made.
(b) Part -Time Employees
i. Part-time employees who are hired to work at least thirty (30) days are eligible for California Paid Sick Leave (CPSL). Eligible employees accrue CPSL on the first day of employment, but do not become eligible to use accrued CPSL until the 90`h day of employment. ii. CPSL may be taken for below prescribed purposes:
1. The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee's immediate family.
2. To attend legal proceedings, or to obtain medical treatment, counseling, or other victims' services for domestic violence, sexual assault, or stalking. iii. Accrual. Eligible employees accrue CPSL at a rate of one hour for every 30 hours worked, up to a maximum of 40 hours of CPSL per calendar year. Additionally, accrued but unused CPSL carries over into each year of employment, up to a maximum accrual balance of 80 hours.
iv. Separation of Employment. Upon separation of employment, whether voluntary or involuntary, employees are not entitled to be compensated for unused CPSL. However, previously unused paid sick balance will be reinstated if an employee separates from employment and then is rehired within one year.
v. To the extent possible, employees must provide reasonable advance notice of their need for CPSL under this policy. If the need is not foreseeable, the employee must provide notice as PAGE 41 Revised 2024-05-13
soon as practicable. CPSL under this policy will not constitute a break in service for the purpose of City benefits or seniority.
(c) Minimum Use. The minimum charge against accumulated sick leave shall be fifteen (15) minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay.
(d) Notification. Sick leave is not a benefit in which an employee may use at their discretion; therefore, sick leave will be authorized only in cases where the request for sick leave is reported promptly and used for an authorized reason. An employee may be required to substantiate any request for the use of sick leave.
On each day of illness, the employee must notify the department within one half (1/2) hour prior to the beginning of the work shift. A message left via text or voicemail does not constitute notification of the department unless specifically permitted. All approvals of sick leave usage shall be made by the Department Head.
Human Resources may investigate any request for sick leave whenever doubt exists as to the validity of a sick leave request. Sick leave may be disallowed if. (1) it is not taken for authorized reasons, and/or (2) the employee fails to provide adequate notice. (e) Restrictions. Sick leave shall not be taken as vacation time.
SECTION 4. OCCUPATIONAL INJURY OR ILLNESS LEAVE
Whenever a person is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. An employee, in such instance, may also elect to use any earned Floating Holiday hours in like manner after sick leave and earned vacation time is exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first twenty-four (24) hours following an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation section of the California Labor Code. (a) Return -to -Work. The City strives to assist employees to return to work as soon as possible following an injury or illness. These Return -to -Work guidelines are not intended to supersede or modify the procedures applicable to employees eligible for reasonable accommodation under the Americans with Disabilities Act (ADA) or leave benefits under the Family and Medical Leave Act (FMLA). These Return -to -Work guidelines apply to employees who are on leave because of an injury or illness and who are receiving workers' compensation benefits.
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These guidelines may also apply to employees who request transitional work following a personal injury or illness.
i. Transitional work is defined as temporary, modified assignments within the worker's physical abilities, knowledge, and skills. When possible, transitional positions will be made available to employees following a work -related injury or illness, or a personal injury or illness, to minimize and eliminate time lost from work. The City cannot guarantee a transitional position and is under no obligation to offer, create, or encumber any specific position for purposes of offering placement to such position. In the event an employee refuses transitional work, and the employee satisfies the restrictions and ability to perform the transitional position, the City is not obligated to provide an alternative position. ii. To obtain a transitional assignment, an employee must provide Human Resources with a medical note from their treating physician with work restrictions and duration of the work restrictions. Human Resources will review the request and medical information to determine if a transitional position is available. The City may require the treating physician to review the job description of the transitional assignment for final approval. The City will determine appropriate work hours, duration, and location of any transitional work assignment. Under no circumstances will the transitional position be considered a permanent position. The assignment will be reviewed every 30 days to determine if both the employee and the City are benefiting from the assignment. iii. Upon approval of a transitional assignment, the City will prepare a document with appropriate duties, hours of work, physical work conditions, and name of supervisor. The employee will be asked to sign the document indicating their acceptance or refusal of the transitional work assignment. If the employee refuses the transitional assignment, they will be required to use their own leave time and may need to request a leave of absence. If the employee is receiving workers' compensation benefits, these benefits may end if the employee refuses the transitional work assignment.
iv. While on a transitional work assignment, an employee must notify Human Resources immediately if the work restrictions change or if the employee is released to return to regular work status.
SECTION 5. BEREAVEMENT LEAVE
When circumstances are such and Human Resources determines that the conditions warrant, pursuant to State law, regular, full-time employees who have been employed for at least 30 days shall be granted up to three (3) paid days of bereavement leave per occurrence, in the event of the death of immediate family or any person that maintains a significant relationship (as specified in the applicable Memorandum of Understanding) with the employee.
Pursuant to California law, employees are eligible for two (2) additional days of unpaid bereavement leave for a total of five (5) days of bereavement leave per occurrence, in the event of PAGE 43 Revised 2024-05-13
the death of immediate family. Employees may opt to use other leave balances for the additional "unpaid" bereavement days. If the employee has no paid leave available, the additional time shall be taken without pay.
The paid and unpaid bereavement leave may be used intermittently within 90 days of the qualified death.
The employee may be required to furnish evidence satisfactory to the City of the immediate family's death and the employee's relationship to the deceased family member.
City employees may be excused by Department Heads to attend the funeral of deceased City employees without loss of pay.
SECTION 6. JURY AND WITNESS LEAVE
If a regular, full-time employee is required to serve as a juror, such employee shall receive regular pay, less amounts received while performing jury service. The City will not pay mileage or other additional expenses incurred by jury duty. Employees will be required to provide a Jury Duty Certification form to their supervisor or to Human Resources, to be attached to their time sheet for that time period.
Employees shall be granted leave with pay when subpoenaed to testify as a witness other than as a party or an expert.
Employees absent from work due to jury duty or witness leave must notify their supervisor daily of the status of their leave.
SECTION 7. FAMILY AND MEDICAL LEAVE
To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. (a) Definitions (specific to Family and Medical Leave). i. 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. ii. 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, or foster child, stepchild, legal ward, or a child of a person standing in loco parentis (in place of a parent).
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iii. Parent means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child. This term does not include parents -in-law.
iv. Domestic Partner means a person as defined in the Family Code. (b) Reasons for Leave. Leave is only permitted for the following reasons:
i. The birth of a child or to care for a newborn of an employee. ii. The placement of a child with an employee in connection with the adoption or foster care of a child.
iii. Leave to care for a child, parent, or spouse who has a serious health condition. iv. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position.
(c) Employees Eligible for Leave. An employee is eligible for leave if the employee:
i. Has been employed for at least 12 months; and
ii. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.
(d) Amount of Leave. Eligible employees are entitled to a total of 12 work weeks of leave during any 12-month period.
i. Minimum Duration of Leave. 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 at least one day, but less than two weeks duration on any two occasions.
If leave is requested to care for a child, parent, spouse, or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken.
However, the notice and medical certification provisions of this policy must be complied with.
ii. Spouses Both Employed by the City. In any case in which a husband and wife or domestic partners both employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 work weeks during any 12- month period if leave is taken for the birth or placement for adoption or foster care of the PAGE 45 Revised 2024-05-13
employees' child (i.e., bonding leave). This limitation does not apply to any other type of leave under this policy.
(e) Employee Benefits While on Leave. If the employee participates in the City's group health plan, the City will maintain coverage under the group health plan during the first twelve weeks of the employee's FMLA / CFRA Leave on the same terms and to the extent the employee would have been covered had the employee continued to work. This applies to the portion of the monthly benefit allotment utilized for the payment of the group health plan premium, including dental and other plans supplemental to the group health plan. If applicable, the employee must arrange with Human Resources for the employee to pay for his/her share of health insurance premiums while on leave; failure of the employee to pay his/her portion of the premium may result in loss of coverage.
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. The City shall have the right to recover premiums through deduction for any sums due to the City.
At the conclusion of the 12 weeks, and for the balance of any unauthorized leave, the employee will be required to pay full premium amounts (both employee and City shares) to maintain coverage.
(f) Substitution of Paid Accrued Leaves. While on leave under this policy, as set forth herein, the City may require an employee to concurrently use paid accrued leaves after requesting Family Medical Leave (FMLA) and/or California Family Rights Act (CFRA) leave and may also require an employee to use Family and Medical Care Leave concurrently with a non- FMLA/CFRA leave which is FMLA/CFRA-qualifying.
i. Employee's Right to Use Paid Accrued Leaves Concurrently with Family Leave. Where an employee has earned or accrued paid vacation, administrative leave, or compensatory time, that paid leave may be substituted for all or part of any otherwise unpaid leave under this policy.
As for sick leave, an employee is entitled to use sick leave as set forth in Section 3. (g) Medical Certification. Employees who request leave for their own serious health condition or to care for immediate family who has a serious health condition must provide written certification from the healthcare provider of the individual requiring care if requested by the City.
(h) Reinstatement Upon Return from Leave.
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i. Right to Reinstatement. 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 employment benefits, pay, and other terms and conditions of employment. ii. 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. iii. As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition that made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.
SECTION 8. CALIFORNIA PAID FAMILY LEAVE
California Paid Family Leave is a component of State Disability Insurance (SDI). Unlike SDI, which partially covers employee wage loss during a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the Employment Development Division (EDD) and funded entirely by mandatory payroll deductions.
An employee may elect to receive PFL benefits, if eligible under state law. During any period of time that the employee receives PFL benefits, the employee will no longer be in a paid status for the purpose of maintaining and accruing benefits, unless the leave is concurrently approved under the provisions of the FMLA / CFRA, or as otherwise provided below.
If an employee concurrently is on FMLA or CFRA Leave while receiving PFL benefits, continuation of health benefits and accrual of other benefits shall be subject to the requirements of the FMLA / CFRA Leave provisions set out in the Family and Medical Leave section of this Policy.
As a condition of an employee's initial receipt of PFL benefits during any 12-month period that the employee is eligible for PFL benefits, the following rules apply:
• Vacation, Floating Holidays, and Holiday Leave : Employees shall be required to use up to two (2) weeks of accrued vacation leave or other accrued paid time off (floating holidays and holiday leave), prior to the employee's initial receipt of PFL benefits. In accordance with State law, this includes during the seven-day waiting period. • Sick Leave: Employees may, at their election, use sick leave prior to the employee's initial receipt of PFL benefits.
During any subsequent period that an employee receives PFL benefits, the following rules apply:
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• Vacation, Floating Holidays, and Holiday Leave: Employees shall be required to use any accrued leave, to make up the difference between PFL benefits received and their normal wage rate.
• Sick Leave: Employees may at their election use sick leave prior to the employee's initial receipt of PFL benefits, to make up the difference between the amount of PFL benefits paid and the amount necessary to make the employee whole with respect to compensation during the balance of the employee's leave period.
In no event shall the combined payment of PFL benefits and accrued sick leave result in payment to the employee of more than 100% of his/her normal wage rate.
Benefits will continue to accrue during any period of time that an employee receives PFL benefits, to the extent that City -accrued leave balances are used to make the employee whole with regards to regular compensation. Accruals will be prorated up to the amount of leave used during periods of leave where PFL benefits are paid to the employee. However, if the leave remains subject to the FMLA / CFRA, accrual of benefits will be in accordance with the Family and Medical Leave section above.
SECTION 9. PREGNANCY DISABILITY LEAVE
In accordance with California Government Code Section 12945, a full-time employee is eligible for up to four (4) months of unpaid leave for a normal pregnancy, childbirth, or related medical condition.
(a) During the pregnancy disability leave time, paid leave will be charged to accrued benefit time such as vacation and floating holiday, at the employee's request. In addition, accrued sick leave will be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage.
(c) Human Resources may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and estimated duration of the leave.
(d) Employees disabled by pregnancy may also take intermittent leave or be provided reasonable accommodation to continue work.
(e) Employees returning from Pregnancy Disability Leave generally are entitled to be reinstated in the same position, subject to certain conditions, and consistent with applicable law.
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SECTION 10. REPRODUCTIVE LOSS LEAVE
Pursuant to Government Code Section 12945.6, eligible employees may take up to five days of Reproductive Loss Leave following a reproductive loss by the employee, by the employee's current spouse or domestic partner, or by another individual if the employee would have been a parent of a child had the reproductive loss not occurred. "Reproductive loss" means a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
To be eligible for Reproductive Loss Leave, an employee must have been employed by the City for at least 30 days prior to the commencement of the leave. An employee must complete the Reproductive Loss Leave within three months of the reproductive loss, but if the employee is on an FMLA leave (or any other leave entitlement under state or federal law) prior to or immediately following the reproductive loss, then the employee must complete the Reproductive Loss Leave within three months of the end date of the other leave.
If an eligible employee experiences more than one reproductive loss, the employee may take up to a total of 20 days of Reproductive Loss Leave within a calendar year (up to five days for each reproductive loss). Reproductive Loss Leave may be taken on consecutive or nonconsecutive days.
Reproductive Loss Leave is unpaid, but employees may opt to use accrued leave balances.
The City will maintain the confidentiality of any employee requesting Reproductive Loss Leave and will not disclose such information except to internal personnel or counsel, as necessary, or as required by law.
SECTION 11. ELECTION LEAVE
If a full-time employee does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time, which when added to the voting time available outside of working hours will enable the voter to vote. Part-time employees may be eligible for election leave based upon hours scheduled to work. No more than two (2) hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular work shift, whichever allows the greatest free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give Human Resources at least two working days' notice that time off for voting is desired.
SECTION 12. LEAVE OF ABSENCE WITHOUT PAY
It is the City's policy that to the extent authorized by federal and state law, all leaves of absence should result in full compensation to the employee to the extent accrued leave balances exist. As a result, it is the intent of the City that except as otherwise expressly authorized herein or prohibited by state or federal law, a leave of absence without pay will not be granted unless and until such time that the employee's accrued leave balances are exhausted. At such time, Human Resources may grant a regular employee a leave of absence without pay for a period not to exceed six (6) months.
No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within PAGE 49 Revised 2024-05-13
a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance.
An employee on a leave of absence without pay does not accrue sick leave or vacation time. Such employee does not lose or forfeit any sick leave or vacation time that had been accumulated prior to the leave of absence.
An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full premium to the City in advance for each month, or portion thereof, of which he or she is absent. At the City Manager's discretion, exceptions may be made to the City's premium recovery in cases of serious illness or injury.
SECTION 13. MILITARY LEAVE
Military leave shall be granted to City employees in accordance with the provisions of current federal and state law.
SECTION 14. ADMINISTRATIVE LEAVE
Administrative Leave shall be available on a calendar year basis to the following employees:
Department Heads 80 hours
Managers and Supervisors 40 hours
New eligible employees beginning service during the calendar year shall receive Administrative Leave on a prorated basis as follows:
If Service Begins Prior To: Department Heads Shall Receive Managers & Supervisors Shall Receive March 31 60 Hours 30 Hours
June 30 40 Hours 20 Hours
September 30 20 Hours 10 Hours
In special circumstances, the City Manager is authorized to modify Administrative Leave allotments on a case -by -case basis.
(a) Accrual. At the time of the first payroll of each calendar year, eligible employees shall accrue their full allotment for the year, according to the schedule above. (b) The use of Administrative Leave shall be subject to the following principles and guidelines:
i. While not hourly employees, it is anticipated that Managers and Supervisors will be available to work a minimum of ten hours per normal workday and 40 hours per normal workweek.
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ii. A normal workday shall begin no later than 7:30 am and end no earlier than 6:00 pm.
Variances to this schedule may occur, subject to the approval of the City Manager or his/her designee.
iii. Cumulative absences occurring during a normal workday that exceed 30 minutes in length shall be substantiated with an appropriate leave form. In lieu of normal vacation, sick, or other appropriate leave, an eligible employee may use Administrative Leave. iv. Administrative Leave may not be commenced prior to approval by the employee's supervisor.
v. Use of Administrative Leave is not restricted and may be taken in blocks of time up to and including the amount of time available in the payroll records. vi. Leave shall be taken at such time as will not impair the work schedule or efficiency of the department, but with consideration given to the wellbeing of the employee. vii. Available leave hours shall not be accrued beyond the end of the calendar year. (c) Administrative Leave Buyout Provision. In November of each year, eligible employees may determine to receive in cash an amount up to 40 hours of available leave. This provision shall result in an automatic payment of available hours, up to 40, in December. If an employee's service is terminated prior to the end of the calendar year, the buyout provision will be prorated per the following schedule:
i. If an employee's service terminates prior to June 30, the buyout maybe up to 10 hours. ii. If an employee's service terminates after June 30, but prior to September 30, the buyout may be up to 20 hours.
iii. If an employee's service terminates after September 30, but prior to December 31, the buyout may be up to 30 hours.
SECTION 15. TERMINAL LEAVE
In the event a permanent employee terminates service with the City, terminal pay equivalent to vacation and holiday days accrued will be granted.
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CHAPTER XIV - HOLIDAYS
All regular, full-time employees shall be entitled to the following paid holidays:
• Martin Luther King Jr. Day (Third Monday in January)
• President's Day (Third Monday in February)
• Memorial Day (Last Monday in May)
• Independence Day (July 41h)
• Labor Day (First Monday in September)
• Columbus Day (second Monday in October)
• Veteran's Day (November I ph)
• Fall Closure (Wednesday preceding Thanksgiving Day)
• Thanksgiving (fourth Thursday in November)
• Winter Closure (the days between Christmas Eve and New Year's Day - December 24 through January 1)
• Floating Holiday (2 days per calendar year at employee's discretion; does not roll over; shall not be compensated in money at any time)
City defined holidays which fall on a Friday or Saturday shall be observed the preceding workday.
Holidays which fall on a Sunday shall be observed the following Monday. This applies to all holidays observed, with the exception of the Fall and Winter Closures. Any regular, full-time employees regularly assigned during any of the Fall or Winter Closure dates shall be available to respond to emergencies including standby and call-backs. Employees who are called back to work or assigned to standby duty on any closure date shall receive their call-back and/or standby compensation in accordance with this Manual.
To receive holiday pay for a City holiday, employees must be on the payroll during the entire pay period during which such City holiday fell. "Entire pay period" shall mean that an employee must have been hired prior to or at the start of the pay period and not have separated prior to the end of the pay period and was paid for at least one-half (1/a) of the accountable hours.
Whenever a non-exempt employee is required to work on a City holiday, the employee shall receive ten (10) hours holiday pay. In addition, they shall receive time and one-half (11/a) for actual hours worked.
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CHAPTER XV - CHANGES IN EMPLOYMENT STATUS
SECTION 1. TRANSFER
An employee may be transferred by the City Manager at any time from one position to another position. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. A transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction; each of which may be accomplished only as provided in these rules.
SECTION 2. PROMOTION
When practical and consistent with the best interests of the City, vacancies may be filled by promotion. All candidates for promotion must meet the minimum qualifications identified by the City Manager or Designee.
If, in the opinion of the City Manager or Designee, a vacancy in the position could be filled better by an open, competitive recruitment instead of a promotional appointment, he/she shall arrange for an open competitive examination.
SECTION 3. DEMOTION
The City Manager may demote an employee whose ability to perform his/her required duties falls below standard or a regular employee for disciplinary cause. No employee shall be demoted to a position for which the employee does not possess the minimum qualifications.
SECTION 4. SUSPENSION
The City Manager may suspend an employee at any time for cause.
SECTION 5. RECLASSIFICATION
The City Manager may reclassify a position from one position to another if there has been a gradual accretion or reduction of duties and/or responsibilities over time.
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CHAPTER XVI - SEPARATION FROM EMPLOYMENT
SECTION 1. JOB ABANDONEMENT
An employee may be deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, Human Resources shall send an overnight letter to the employee's last known address informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee may be deemed to have resigned, and extending to the employee an informal pre -disciplinary conference.
At the City Manager's discretion, employees separated from employment for job abandonment may be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, or mental or physical impairment which prevented notification. Employees have no right to appeal if deemed to have resigned as a result of job abandonment unless the employee is entitled to appeal under a bargaining an applicable Memorandum of Understanding.
SECTION 2. DISCHARGE
The City Manager may discharge any City employee at any time for cause (except at -will employees who may be discharged at any time for any reason). Any employee in the competitive service who has been discharged is entitled to rights provided in CHAPTER XIX.
SECTION 3. LAYOFFS
The City Manager may lay off an employee at any time because of change in duties or organization or shortage of work or funds.
A. Notification. Employees to be laid off shall be given at least two (2) weeks prior notice.
B. Order of Layoff. In the event of a layoff, those employees with the least service in the affect classification shall be laid off first; if a recall begins, the most senior employees laid off in the classifications required shall be recalled first. Strict application of seniority shall prevail unless exceptional circumstances occur. The order of layoff shall be:
1. Temporary, part-time, or seasonal employees in the affected classification shall be laid off first.
2. Probationary employees in the affected classification shall be laid off next.
Exceptional circumstances may include the desirability of maintaining a balanced department or work unit and maintaining employees in the classification, department, or section who have the ability to perform the work available.
C. Re-employment Rights for Laid -off Employees. Regular, full-time employees who have received a satisfactory or better evaluation for the twenty-four (24) months prior to layoff shall PAGE 54 Revised 2024-05-13
be automatically placed on a reemployment list for one year for the classification from which they were laid off.
SECTION 4. RESIGNATION
An employee wishing to leave the City service in good standing shall file with the supervising official at least ten (10) working days before leaving the service, a written resignation stating the effective date. Failure to give such notice shall mean the employee did not terminate in good standing, unless the City Manager has waived the notice requirement. Failure to comply with this Chapter shall be entered on the service record of the employee and be cause for denying future employment by the City. A resignation becomes final when accepted by the City Manager and only at the City Manager's discretion can be withdrawn.
SECTION 5. EXIT INTERVIEW
The Department Head or City Manager may conduct or have conducted an exit interview, if in their opinion information can be gained which will improve or enhance present operating procedures.
SECTION 6. REINSTATEMENT
An employee who has resigned, or has otherwise been separated while in good standing, may be considered for reinstatement by the City Manager, to a position in the former employee's same or comparable position for two (2) years after resignation or separation provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement.
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CHAPTER XVII - REPORTS AND RECORDS
SECTION 1. GENERAL
The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the City's personnel program.
Personnel files are the property of the City and access to the information they contain is restricted SECTION 2. NOTIFYING CITY OF CHANGES IN PERSONAL INFORMATION Each employee is responsible to promptly notify Human Resources of any changes in relevant personal information, including:
• Mailing address
• Telephone number
• Persons to Contact in an Emergency
• Number and Names of Dependents
SECTION 3. LOCATION OF PERSONNEL FILES
The personnel files will be kept secure and confidential by Human Resources.
SECTION 4. MEDICAL INFORMATION
Separate Confidential Files. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with federal and state law.
Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act.
Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations, but not on the diagnosis of a medical condition.
SECTION 5. REFERENCES AND RELEASE OF INFORMATION IN PERSONNEL FILES Public Information. Upon request, the City will release to the public information about its employees as required by the Public Records Act. The City will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy.
Reference Checks. All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to Human Resources.
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Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: dates of employment and salary upon departure.
SECTION 6. EMPLOYEE ACCESS TO PERSONNEL FILE
An employee may inspect his or her own personnel file at reasonable times and at reasonable intervals. An employee who wishes to review his or her files should contact Human Resources to arrange an appointment. The review must be done in the presence of the Human Resources Manager.
SECTION 7. DESTRUCTION OF RECORDS
Personnel files, payroll records, and records relating to personnel recruitment, including correspondence, applications, examinations, and reports will be destroyed according to the City's Records Retention Schedule.
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CHAPTER XVIII - GRIEVANCE PROCEDURES
SECTION 1. DEFINITIONS
A. Grievance. Except as otherwise excluded, a "grievance" is an allegation by an employee, submitted as herein specified, claiming violation(s) of the specific express terms and/or interpretations of this Manual and for which there is no other specific method of review provided by City law.
B. Grievant. A grievant is an employee or group of employees adversely affected by an act or omission of the City.
C. Day. A day is any day the City is open to the public, that is any day except Fridays, Saturdays, Sundays, and legal holidays recognized by the City.
SECTION 2. PROCEDURE
A. Step A: Informal Discussion. The grievant shall discuss the controversy with their supervisor on an informal basis in an effort to resolve the situation. The issue will be considered resolved if not presented to their supervisor within ten (10) working days following the date the employee knew or should have known the event occurred upon which the controversy is based.
The supervisor shall respond within five (5) working days following the meeting with the grievant. Failure of the supervisor to respond within such time limit shall entitle the grievant to process the controversy to the next step.
B. Step B: First Level of Review. If the controversy is not settled at Step A, the grievant may submit the grievance in writing to their supervisor within ten (10) working days of the receipt of the grievance response at Step A. Failure of the grievant to deliver the written grievance shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of the facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review.
If the supervisor is the subject of the grievance, the grievance shall be submitted to Human Resources instead of the supervisor.
C. Step C: Second Level Review. If the grievance is not settled at Step B, the grievant may place the grievance in writing to and present it to Human Resources within ten (10) working days from the receipt of the Step B grievance response. Failure of the grievant to deliver such written notice shall constitute a waiver of the grievance. Human Resources shall hear the grievance and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days. If Human Resources is the subject of the grievance, the grievance shall be submitted to the City Manager instead of Human Resources.
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D. Step D: Final Review: If the grievance is not settled at Step C, the grievant may submit the grievance in writing to the City Manager within ten (10) working days from the receipt of the Step C grievance response. Failure of the grievant to deliver such written notice shall constitute a waiver of the grievance. The City Manager shall hear the grievance and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days.
The decision of the City Manager shall be final and binding.
SECTION 3. EXLUSIONS
A. The procedure is not to be used for the purpose of resolving complaints, requests, or changes in wages, hours, and working conditions.
B. The procedure is not to be used to challenge the content of employee evaluations or performance reviews.
C. The procedure is not to be used to challenge the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee.
D. This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination.
E. This procedure is not to be used to challenge violation of law.
F. This procedure is not to be used to challenge examinations or appointment to positions.
SECTION 4. REPRISALS
Employees shall be ensured freedom from reprisal for using the grievance procedure.
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CHAPTER XIX - DISCIPLINARY PROCEDURE
Nothing in this Manual is intended to alter the employment status with the City. The City reserves the right to terminate any employment relationship, to demote, and to otherwise discipline an at - will employee without resort to the disciplinary procedures outlined below.
SECTION 1. TYPES OF DISCIPLINARY ACTION
A. Oral Warning. A formal discussion with an employee, by the employee's supervisor or Human Resources, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The supervisor or Human Resources shall make a written record of the warning. The employee may file a written response within ten (10) working days of the formal discussion.
B. Performance Improvement Plan (PIP). A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The Performance Improvement Plan goes into the employee's file.
The employee may file a written response within ten (10) working days of receiving the PIP.
C. Suspension. Removal of an employee from duty without pay for a specified period of time.
D. Reduction in Pay. A reduction in pay from the employee's current salary to a lower salary step within the classification pay range.
E. Demotion. A reduction in position title and salary.
F. Dismissal or Discharge. Separation from employment of an employee for cause.
SECTION 2. GROUNDS FOR DISCIPLINARY ACTION
Grounds for discipline for employees include, but are not limited to, the following:
A. Fraud in securing employment or making a false statement on an application for employment.
B. Incompetency - the inability to comply with the minimum standard of an employee's position for a significant period of time.
C. Inefficiency or inexcusable neglect of duty - failure to perform duties required of an employee within his/her position.
D. Willful disobedience or insubordination - a willful failure to submit to duly appointed and acting supervision to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a fellow employee.
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E. Dishonesty.
F. Possession, distribution, sale, use, or being under the influence of alcohol or illegal drugs or narcotics while on duty or while operating a vehicle in the course of City business or potentially dangerous equipment leased or owned by the City.
G. Excessive absenteeism.
H. Inexcusable absence without leave.
Abuse of sick leave - taking sick leave without a doctor's certificate when one is required, or misuse of sick leave.
J. The conviction of either a misdemeanor or a felony related to the position held will constitute grounds for dismissal of any employee. The record of conviction will be conclusive evidence of the fact that conviction occurred. Human Resources may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere is deemed to be a conviction within the meaning of this Section.
K. Discourteous treatment of the public or other employees.
L. Improper or unauthorized use of City property.
M. Refusal to subscribe to any oath or affirmation which is required by law in connection with agency employment.
N. Any willful actor conduct undertaken in bad faith, either during or outside of duty hours which is of such nature that it causes discredit to the City.
O. Inattention to duty or negligence in the care and handling of City property.
P. Violation of the rules and regulations of the City.
Q. Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation or without presenting a significant current risk of substantial harm / threat to the health and/or safety of self or others.
R. Outside employment not specifically authorized.
S. 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.
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T. The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry in which the investigation of government bribery or misconduct in agency office is involved shall constitute of itself sufficient ground for the immediate discharge of such officer or employee.
U. Willful violation of any of the provisions of an ordinance, resolution, rule, regulation, or policy prescribed by the City.
V. Improper political activity. Example: campaigning for, or espousing the election or non - election of, any candidate in national, state, county, or municipal elections while on duty and/or during working hours, or in City uniform or displaying the City logo on or off duty; or the dissemination of political material of any kind while on duty and/or during working hours or in uniform.
W. Working overtime without authorization.
X. Possession of weapons on City owned or occupied property without authorization of the City Manager.
Y. Making false or malicious statements concerning any employee, the City, City management, or the City's policies or practices that have a nexus to the City.
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CHAPTER XX - PERFORMANCE EVALUATIONS
SECTION 1. GENERAL
Performance evaluation is the process of evaluating and recording the performance of each employee. The performance evaluation is best used:
A. To maintain a high level of efficiency or assist in raising efficiency by commending the employee.
B. To indicate to the employee those points in which he/she shows weak performance and suggest the proper means of raising his/her working performance to the standard level.
C. To inform the employee of good performance.
D. To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to City management's evaluation of his/her work.
E. To establish annual goals and tasks to be accomplished.
SECTION 2. RESPONSIBILITY FOR EVALUATION
The employee's supervisor is responsible for proper preparation of the performance evaluation for each employee. The supervisor should carefully review the complete position description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee.
SECTION 3. DISCUSSION WITH EMPLOYEE
The performance evaluation must be discussed with the employee. During the interview, as well as in the performance evaluation documentation, special attention should be given to discussing specific ways in which the employee can improve his/her performance. An opportunity should also be afforded the employee to comment and bring up any questions he or she may have SECTION 4. SCHEDULE
Performance evaluations should be done on an annual basis. Evaluations for new employees are to be presented at the end of the first twelve (12) months, and annually thereafter. Performance evaluations and discussions with the employee shall be completed within one week of the conclusion of the evaluation period.
In addition to the annual performance evaluation, supervisors should provide ongoing feedback to employees to acknowledge good performance and coach employees on areas of poor performance.
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SECTION 5. APPEAL PROCEDURE
It is the intent of the City to offer fair and equitable appeals procedures for employees' performance evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance evaluation.
B. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the supervisor within ten (10) working days immediately following receipt of the evaluation. The decision shall be rendered in writing by the supervisor within fifteen (15) working days.
C. The decision of the supervisor may be appealed to Human Resources within ten (10) working days immediately following receipt of the decision. Human Resources shall respond within fifteen (15) working days and the decision of Human Resources shall be final.
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CHAPTER XXI - VEHICLE USE
The City of Yucaipa has an adopted Vehicle Use Policy to establish guidelines for the appropriate use of vehicles in the execution of City related business. This policy applies to all employees, officials, contractors, volunteers, or anyone else acting on behalf of the City.
SECTION 1. GENERAL PROVISIONS
A. City vehicles are available for the efficient and effective execution of City related business. The use of City vehicles is a matter of public trust and requires all such employees to maintain a special awareness of that trust. Each employee must avoid a conflict or appearance of conflict between public employment and their private lives. They must avoid any action, whether or not specifically prohibited by this or other instructions or law, which results in, or can reasonably be expected to create, the appearance of wrongdoing. The Vehicle Use Policy shall be applicable to all employees except for those with whom the City has contractual obligations.
B. No passenger will be allowed in any City vehicle other than those whose presence is necessitated by official business, except where approval is given in advance by the Department Head.
C. Employees maybe permitted to retain a City vehicle at their residence, subject to the conditions and provisions outlined in this policy. Employees who are permitted to retain a City vehicle overnight as a source of transportation to respond to emergencies and travel to and from work will not use it for any other purpose, allow others to use the vehicle, or allow others to ride as passengers in the vehicle without approval of the Department Head.
D. City vehicles must, at all times, be operated in a responsible and prudent manner in accordance with state and local laws.
E. Operators and occupants will utilize seat belts provided.
F. Employees will be personally responsible for any traffic violations issued to them while operating City vehicles.
G. Out -of -State use shall be approved by the City Manager, or designee.
SECTION 2. ACCIDENTS
A. If injuries occur, notify local law enforcement. If not injured, stay at the scene until all investigations have been completed. Immediately attempt to ascertain names and addresses of witnesses to the accident.
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B. Give no information or sign anything except that is required by law (driver's license, vehicle registration) and do not sign anything for anyone except those persons representing the City of Yucaipa.
C. Notify the Department Head as soon as possible, giving the location and the extent of damage.
SECTION 3. ASSIGNMENT OF VEHICLES
Category I: 24-hour retention
This amounts to a full-time assignment. Subject to the approval of the Department Head, employees authorized such use may retain their cars at home when off -duty, contingent upon the need to respond to emergencies and the location of residence. Employees who reside outside of the City limits shall not be eligible for retention, pursuant to this category, without the written approval of the City Manager. Relocating a residence beyond the City limits may result in an immediate revocation of the 24-hour retention privilege.
Category II: Duty hour retention
Vehicles assigned to a department. Use is limited to duty hours and vehicles are normally housed at approved City facility; vehicles may be occasionally driven home when it is in the City's best interest, with the approval of the Department Head.
No personal use of City vehicles is permitted.
SECTION 4. INSURANCE
A. Employees who use their own automobiles in the performance of their duties must carry automobile liability insurance at least equal to the minimum requirements of the California Vehicle Code. Employees who do not meet the above requirements shall not be permitted to use private vehicles on City business until such requirements are met. Department Heads are responsible for enforcing this limitation. Proof of insurance is required before any privately owned vehicle can be authorized for City business, and shall be provided to Human Resources annually thereafter, no later than January 31 of each year or upon request.
B. In the event of an accident in the employee's personal vehicle, the employee is responsible for paying any deductibles the insurance company may require.
C. The City shall not be responsible for any increase in the employee's personal automobile insurance premium as a result of an accident.
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D. If an employee's personal automobile insurance coverage is canceled, terminated, lapsed, or for any other reason curtailed, the immediate supervisor must be notified by the employee and the vehicle shall not be used for City business.
E. Should an employee using his/her privately owned vehicle on City business be involved in an accident resulting in injury or property damage, the employee's own insurance carrier shall respond to defend the employee. Should a claim exceed the limits of the employee's liability insurance coverage, the City's liability insurance coverage program would respond in an excess capacity if the accident qualifies as a covered occurrence.
SECTION 5. DRIVER'S LICENSE
A. All City employees authorized to use City owned or privately owned vehicles on City business must possess a valid California driver's license and provide proof of licensing upon hire.
B. All City employees must maintain a driver's license appropriate for the class of vehicle to be driven.
C. An employee whose driver's license is suspended or revoked for any reason must notify their supervisor no later than the first workday following the suspension or revocation of their driver's license. Such employee shall not be allowed to operate any City owned or privately owned vehicle on City business.
D. Employees who possess temporary driving permits or hardship licenses shall not be permitted to operate City or privately owned vehicles in the performance of office City duties.
SECTION 6. REVIEW OF DRIVING RECORD
A. The City shall enroll employees that operate City owned or privately owned vehicles on City business in the Department of Motor Vehicles (DMV) Pull Notice Program. When a vehicle operator has received a violation, the DMV assigns points according to the type of violation, and automatically sends notification to the City.
B. In compliance with Vehicle Code Section 1808.47, all information received from the DMV shall be used solely for the intended purpose and kept in loved storage. Under no circumstances shall addresses or other information be given to a third party.
C. Employees who have an accumulation of four or more points in a 12-month period, or six in a 24-month period, or eight in a 36-month period, may have City driving privileges suspended at the discretion of the Department Head. Human Resources shall notify the Department Head when a driving record meets this threshold.
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D. Employees involved in additional preventable accidents of have a disqualifying action taken against their driver's license shall be subject to disciplinary action, the severity of which will be determined by the nature of the offense and the employee's past driving and disciplinary action records.
E. An employee who has been determined to be involved in two or more preventable accidents within a 36-month period while operating a City owned or privately owned vehicle in the performance of official City business shall be subject to disciplinary action up to and including suspension of City driving privileges.
F. Any conviction resulting from driving while under the influence of drugs or alcohol (DUI) or refusal to submit to a lawful roadside sobriety test shall result in disciplinary action up to and including suspension of City driving privileges.
G. Intentional abuse, moving violations, reckless operations, or negligent actions while operating any vehicle may result in the suspension of the employee's driving privileges, and is grounds for further disciplinary action.
H. Temporary or permanent suspension of City driving privileges for employees whose position requires operation of a vehicle shall be considered a loss of the ability to perform an essential job function.
If an employee has City driving privileges suspended, the City shall attempt to arrange for the employee to perform the essential functions of the job. If such accommodation is not possible or created an unreasonable hardship for the City or coworkers, loss of City driving privileges shall be considered just cause for reassignment to a position that does not require operation of a vehicle at a pay rate commensurate with that position. If no such position is open, the employee may be accommodated with approved leave or terminated.
SECTION 7. STORAGE OF VEHICLES
A. City Storage Locations. City vehicles, other than Category I, must be parked overnight at approved storage locations. Permission to garage at other locations must be obtained from the Department Head.
B. At Home. City vehicles authorized to be garaged at private residences will be stored off the street and undercover, if possible.
SECTION 8. VIOLATIONS, RULES, AND REGULATIONS
Failure to comply with any of these rules and regulations will be subject to disciplinary action, up to and including termination.
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SECTION 9. USE OF ELECTRONIC DEVICES
Employees shall refrain from operating cellular devices, laptop computers, tablets, navigational devices, and any other device that may cause vehicle operator distraction while operating a City owned pool or privately owned vehicle in the course of conducting City business. Such employees shall make every attempt to properly park their vehicle or use a hands -free device when using such equipment.
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CHAPTER XXII - TRAVEL
SECTION 1. GENERAL
Employees are expected to exercise good judgment in the use of City funds while on official travel to minimize the total cost to the City. All employees, with prior written approval of their Department Head, shall be eligible for a travel expense allowance/reimbursement as specified by the following:
A. Local Travel. Expense claims for use of private automobiles must be submitted to Human Resources for approval. Such use will be reimbursed at the standard mileage rate as set by the IRS for all business miles. Mileage will be calculated round-trip from City Hall to the location(s). if an employee drives his/her own vehicle, they must provide proof of adequate liability insurance.
B. Out of Town Travel. Employees will make reservations for travel covered by this policy and the City will prepay for transportation, registration, and lodging whenever possible. If an employee wishes to make his/her own arrangements, or prepaying for transportation, registration, or lodging is not available, the employee will be reimbursed subject to the restrictions below. If, in the judgement of Human Resources, the estimated expense for contemplated travel out of the City is too high to expect the employee to finance the trip and be reimbursed upon their return, Human Resources may authorize advance payment of the estimated amount to the employee, to be reconciled upon his/her return. The employee must immediately reimburse the City for any amount of such an advance for which there is no receipt, or which does not meet the requirements of this policy. The advance shall not exceed $150/day of travel.
1. Use of personal vehicles for trips out of town maybe approved by Human Resources when use of commercial transportation is not practical. Compensation for mileage is not to exceed airfare cost.
2. Employees shall use government or group rates for transportation whenever available. If such rates are not available, employees shall be prudent in booking travel to find the lowest rate possible to serve the purpose of traveling and all such travel must be in coach.
3. Airport shuttles, public transit, and/or ride -sharing services should be used whenever available. Rental vehicles are only permitted when other transportation is unavailable or when it is the most economical mode of transportation. Advance reservations should be made whenever possible.
4. When lodging to be reimbursed is for an organized conference, the reimbursement cannot be more than the group rate published by the conference, assuming it is available at the time the reservation is made. If the group rate is not available (or there is no group rate), then the employee should seek the government rate. If neither the group nor the PAGE 70 Revised 2024-05-13
government rate are available, the maximum which may be paid per night for lodging in California is $300, or up to $500 in higher cost areas, unless approved in advance by the City Manager.
5. Expenses for meals will be reimbursed at actual costs; however, reimbursement shall not exceed the per diem rates set forth by the U.S. General Services Administration. There will be no reimbursement for the cost of alcohol, or for spouse/guest meals.
6. When an employee takes a spouse or other guest on an official trip, the employee will be personally responsible for all of the guest's expenses and will be reimbursed only for the expenses the employee would have incurred traveling alone. All reimbursements pursuant to this policy will be shown on a separate itemized receipt attached to the expense statement.
C. Pay for Travel. For non-exempt (hourly) travelers, required travel time to the event on workdays during normal working hours will be counted as time worked. Generally, travel time to the event on City business is limited to the actual dates of a function plus reasonable travel time, not to exceed a maximum of twenty-four (24) hours before and/or after the function. No overtime will be provided for travel time to and from the event, other than that mandated by the Federal Fair Labor Standards Act ("FLSA") requirements. Supervisors and employees must be aware of the FLSA requirements when arranging travel for all non-exempt (hourly) travelers. Travel -related overtime in connection with travel on City business requires authorization from Human Resources.
D. Extended Travel. For in -state, out-of-state, and international travel, upon prior approval by their supervisor, the employee may stay in advance or stay beyond the time required for business purposes. Such time must be charged to an available leave balance, such as vacation, for the individual traveler. If the extended stay requires the use of the traveler's leave balances, the usage of these leave balances must be pre -approved by the employee's supervisor.
SECTION 2. ENFORCEMENT
Misuse of public resources or falsifying expense reports in violation of this policy may result in any, or all, of the following:
• Discipline up to and including termination.
• Loss of reimbursement privileges.
• Payment of restitution to the City.
• Civil penalties.
• Prosecution for misuse of public resources.
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CHAPTER XXIII - PROFESSIONAL DEVELOPMENT
SECTION 1. TRAINING
Employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, professional association meetings, etc., at the City's expense.
SECTION 2. TUITION REIMBURSEMENT PROGRAM
The City of Yucaipa believes that formal education has a positive impact on an employee's contributions to the City. The City supports self -development and education efforts by providing reimbursements for many of the expenses associated with continuing education courses and/or programs through this Tuition Reimbursement Program.
A. Eligibility. Any regular, full-time employees who have completed one continuous year of full- time employment, have passed probation, and are not under a Performance Improvement Plan may be eligible for this Tuition Reimbursement Program. Employees may pursue a degree or professional certification, or take individual college credit courses, or continuing education courses, provided the course of study reasonably contributes to the employee's professional development, pertains to a legitimate function of municipal government, and the City approves the course(s).
An employee must secure a passing grade of "B," or its equivalent, or obtain a certification to receive any reimbursement. Expenses may be validated by receipts and a copy of the final grade or certification received.
B. Reimbursement Limit. The City may reimburse an employee up to $1,500.00 per fiscal year for tuition and/or books for job related or career development coursework. Additionally, the City may match an employee's cost for tuition and/or books up to $1,500.00 per fiscal year, for a total City reimbursement amount of up to $3,000.00 per fiscal year.
C. Procedure:
1. Prior to enrolling in any course, an employee requesting Tuition Reimbursement must submit a Tuition Reimbursement Request Form, along with a cost estimate, to the employee's Department Head.
2. The Department Head will assess the cost and course(s), taking into account the employee's current and future assignments and potential impact on the employee's work responsibilities.
3. Upon Department Head approval, the form must be submitted to Human Resources for pre -authorization by the City Manager.
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4. No later than 30 days after successful completion of the approved coursework, the employee shall submit to Human Resources proof of reimbursable expenses and evidence of a passing grade or certification.
5. Human Resources will coordinate the reimbursement with the Finance Department.
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CHAPTER XXIV - EMPLOYEE STANDARDS OF CONDUCT
Employees are required at all times to conduct themselves in such a manner as to reflect no discredit upon the City of Yucaipa.
SECTION 1. CODE OF ETHICS AND CORE VALUES
It is the desire of the City of Yucaipa to perform its governmental responsibilities in a manner that fosters public trust and confidence. This is accomplished with the underlying premise that public service is a matter of great public trust and not one to be taken lightly. The citizens of the City of Yucaipa are entitled to responsible, fair, and honest local government which has earned the public's full confidence for integrity. The proper operation of democratic government requires a framework in which decision makers are independent, impartial, and accountable to the citizens they serve.
A. Purpose.
The adoption of a Code of Ethics memorializes the value placed on ethical behavior, as identified by AB 1234, and strives to accomplish the following:
• Establishes high standards of ethical conduct for all City officials, both appointed and elected;
• Provides an ongoing source of guidance to City officials in the day-to-day service to the City;
• Promotes and maintains a culture for positive, ethical behavior by providing training and education;
• Promotes public confidence in the integrity of the governance and administration of the City;
• Requires reasonable public disclosure of financial interest that may influence, or be perceived to influence, the actions of City officials, both elected and appointed, with the goal of maximizing public accountability;
• Identifies a series of core values to which the organization will strive to adhere; and • Provides value to citizenship and increases the quality of the individual's response to membership in the community.
B. Policy Statement.
The City of Yucaipa is committed to conducting its business in a fair, open, efficient, and accountable manner. Public officials and employees shall conduct their public and private PAGE 74 Revised 2024-05-13
actions and financial dealings in a manner that shall present no apparent or actual conflict of interest between the public trust and that private interest. Each official and employee is assumed and expected to act in accordance with all laws and codes of ethics that may apply to his or her position, as well as striving to avoid even an appearance of impropriety in the conduct of his or her office or business. Each employee should be informed of this Code of Ethics and meet its requirements.
C. Scope.
The Code of Ethics shall apply to all City officials, whether elected or appointed, including Councilmembers, Commission and Committee members, regular and temporary employees, volunteers and employees of public agencies and other organizations with which the City contracts for services.
The Code of Ethics is intended to work in concert with, and shall not be in conflict with, federal and state laws, City ordinances and policies, both administrative and those adopted by Council.
These local policies include, but are not limited to, the City's Purchasing Policies and Procedures, Personnel Rules, Conflict of Interest Code, Fraud Policy, and other policies that are intended to govern responsible behavior in the performance of public duties. As a result, actions violating the Code of Ethics may also violate one, or more, of the other City adopted policies and, as such, may be subject to disciplinary action, up to and including termination, as outlined in that particular policy.
D. Core Values
The Code of Ethics asserts the following core values as essential to the standards of behavior to which the City of Yucaipa shall aspire:
1. Honesty - (Trustworthiness, Honor, Integrity, Dependability, Truthfulness) Honesty implies a refusal to lie, steal, or deceive in any way.
2. Lawfulness - (Ethical) Compliant with the laws of the United States of America, State of California, and the City of Yucaipa, including City ordinances and policies, both administrative and those adopted by the City Council including, but not limited to, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer/employee responsibilities, open processes of government, disbursement of public funds.
3. Respectfulness - (Active Communication, Civility, Responsive Public Service) For the City of Yucaipa, respect is a state of treating others with high regard, as demonstrated by:
■ Extending courtesy and civility, even in times of disagreement; ■ Maintaining confidentiality;
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■ Being sensitive to other people's time;
■ Being careful with the public's property;
■ Actively engaging in effective two-way communication; and ■ Demonstrating responsive public service.
4. Fairness - (Due Process, Objectivity, Impartiality) Fairness is marked with impartiality and honesty. The City of Yucaipa values fairness and shall strive to demonstrate that by:
■ Ascribing to the theory that all will be treated equitably; ■ Acknowledging the value of the citizen's right to know; ■ Encouraging public input and listening to all sides;
■ Honoring due process;
■ Making impartial decisions, using relevant and consistent criteria; ■ Caring for special needs, giving priority to merit;
■ Refraining from taking any special advantage of services, opportunities, or public resources for personal gain; and
■ Refraining from accepting gifts, favors, or promises of future benefits which might compromise or tend to impair independence of judgment or action.
5. Teamwork - (Valuing Diversity, Open -Mindedness, Collaboration) The City of Yucaipa shall emphasize teamwork which requires each to actively participate, while subordinating personal agendas for the efficiency of the whole. This requires recognition that good ideas and better solutions can come from anyone and that there is value in diversity.
6. Stewardship - (Fiscal Responsibility, Environmental Conservation, Vision) The City of Yucaipa is committed to being a leader in the area of stewardship where the community's financial, environmental, and cultural resources are fostered, protected, and conserved and managed well. As a steward of the public trust, representatives understand that the community expects each to serve with dignity and respect for the position associated with that public trust.
7. Accountability - (Responsibility) The City of Yucaipa shall be prepared to give an account for its actions relative to the governance to which it has been entrusted. Representatives are PAGE 76 Revised 2024-05-13
willing to explain actions taken and decisions made and will give and receive constructive criticism, accept consequences, and engage in continuous improvement.
E. Training
Effective January 1, 2006, State law (AB1234) requires (among other things) that local officials that receive compensation, salary, stipends, or expense reimbursements must receive training in public service ethics laws and principles every two years. The requirement applies not only to the governing body of a local agency, but also commissions, committees, boards, or other local agency bodies, whether permanent or temporary, decision -making, or advisory. The City of Yucaipa values the training associated with AB1234 and shall pursue compliance for all affected positions, as appropriate.
In addition to the AB1234 training, the City of Yucaipa shall be responsible for providing relevant training for all affected parties, as may be determined by the City Manager, or his designee.
SECTION 2. ANTI -HARASSMENT AND DISCRIMINATION POLICY
The City strictly prohibits and has "zero tolerance" for discrimination and harassment in any phase of employment, including but not limited to recruitment, testing, hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training.
This includes sexual harassment (which includes harassment based on sex, pregnancy, perceived pregnancy, childbirth, breastfeeding, or related medical conditions), as well as harassment, discrimination, and retaliation based on such factors as race, color, religion, religious creed (including religious dress and religious grooming practices), sex, national origin, ancestry, citizenship, age (40 years and older), mental disability and physical disability (including HIV and AIDS), legally -protected medical condition or information (including genetic information), protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), military and/or veteran status, service, or obligation, reserve status, national guard status, marital status, domestic partner status, gender, gender identity (including transgender identity), gender expression (including transgender expression), because an individual has transitioned (to live as the gender with which they identify), is transitioning, or is perceived to be transitioning), sex stereotyping, sexual orientation, status as a victim of domestic violence, sexual assault or stalking, enrollment in a public assistance program, engaging in protected communications regarding employee wages or otherwise exercising rights protected under the California Fair Pay Act, requesting a reasonable accommodation on the basis of disability or bona fide religious belief or practice, or any other basis protected by federal, state, or local laws.
Discrimination and Harassment Defined. Discrimination and harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual's sex or membership in one of the above -described protected classifications, and: (1) Submission to the offensive conduct is an explicit or implicit term or condition of employment; (2) Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the PAGE 77 Revised 2024-05-13
employee; or (3) The offensive conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
Examples of Sexual Harassment. For the purpose of clarification, examples of what may constitute prohibited sexual harassment include, but are not limited to, the following:
• Making unsolicited sexual advances including, but not limited to, written, verbal, physical, or visual contact with sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations. Verbal examples: derogatory comments, slurs, jokes, epithets. Physical examples:
touching, assault, blocking or impeding access, leering gestures, display of sexually suggestive objects or pictures, cartoons, or posters.)
• Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.) • Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response (for example, implying or actually withholding support for an appointment, promotion, or change of assignment; or suggesting a poor performance report will be prepared). • Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, or work environment or another such employee. • Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. (Similar conduct when applied to other protected classes such as race, color, creed, national origin, age, disability, medical condition, religion, sexual orientation, or marital status may constitute harassment and violation of this Policy. For example, racial jokes or degrading comments about age or ethnic background can constitute harassment under this policy). Accordingly, in order to avoid the risk of discipline, such acts should be avoided in all circumstances.
Internal Complaint Procedure. Any applicant or employee who believes that he or she has been the victim of sexual or other prohibited discrimination or harassment by co-workers, supervisors, clients or customers, visitors, vendors, corporate officers, or others must immediately notify their supervisor of the alleged conduct. If the employee believes that, for any reason, their supervisor is the source of the conduct or is biased, the employee may submit a complaint to Human Resources.
Internal Investigation and Resolution. Following receipt of a harassment grievance, the City shall begin an immediate and thorough investigation to determine if sexual or other harassment has occurred. The investigation shall be conducted in an impartial manner and all information shall be maintained confidential to the extent possible. After full consideration of all relevant facts and circumstances involving the inquiry, a timely decision will be made by the City and appropriate disciplinary or other action will be taken, up to and including termination of employment.
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Prohibition Against Retaliation. Retaliation against anyone for opposing conduct prohibited by the City's anti -harassment policies or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by the City, or any authorized governmental agency is strictly prohibited and may subject the offending person to, among other things, disciplinary action, up to and including, termination of employment.
External Reporting. In addition to the City's internal complaint procedure, an employee may file a complaint with the California Department of Fair Employment and Housing or the U.S. Equal Employment Opportunity Commission. Under California law, the Fair Employment and Housing Commission (FEHC) may order an employer to hire or rehire a victim of sexual harassment with back pay, and to provide the victim with monetary damages. The FEHC may also provide affirmative or prospective relief to prevent the recurrence of unlawful practices, including awards for back pay, reimbursement of out-of-pocket expenses, cease and desist orders, posting of notices, and other similar relief.
Harassment Prevention Training. The City is required to provide one (1) hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and two (2) hours of sexual harassment and abusive conduct prevention training to supervisors and managers once every two years.
SECTION 3. DRESS CODE
The City of Yucaipa desires to project a positive and professional image. Employees are expected to dress in a professional manner that is appropriate to their position and job tasks being performed.
A. Business Dress Policy. Business attire shall be worn when there is a need to present a more professional appearance for meetings or special events.
B. Return of Clothing upon Termination. When employment terminates, uniforms and any other City equipment which the employee possesses must be returned in good condition.
SECTION 4. SMOKING POLICY
The City of Yucaipa prohibits the use of tobacco products, including smokeless tobacco products (i.e., chewing tobacco, etc.) and vaping in City vehicles, inside City -owned or occupied buildings, and within 20 feet of entrances, exits, and open windows of City -owned or occupied buildings.
SECTION 5. DRUG AND ALCOHOL USE POLICY
The City of Yucaipa generally prohibits its employees from using alcohol or drugs in connection with their employment, as it constitutes a threat to the safe and efficient performance of employee's duties. Employees shall not be under the influence of any controlled substance or alcohol while on the job, including but not limited to psychoactive cannabis (with or without prescription) or any other substance which could impair the employee's ability to safely and effectively perform the PAGE 79 Revised 2024-05-13
functions of their particular job. Although Proposition 64 (2016) legalized use of recreational marijuana in California, the City still will find a positive test for psychoactive cannabis as a valid basis for discipline, up to and including termination of employment. (Employees who are taking lawful medications pursuant to a physician's prescription, except in the case of medical marijuana, who has also certified that they may efficiently perform their duties without jeopardizing the health or safety of others will not be considered to have violated this policy for taking such prescription medicine).
A. Prohibitions. The following conduct is prohibited and may result in discipline, up to and including termination:
1. Using alcohol or using or possessing other controlled substances while on duty.
2. Reporting for duty or remaining on duty when the employee used any controlled substances, except if the use is pursuant to the instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a vehicle or otherwise perform the employee's job.
3. Reporting for duty or remaining on duty if the employee tests as having a blood alcohol concentration of 0.04 or greater.
4. Reporting for duty or remaining on duty if the employee tests positive for controlled substances (including, but not limited to, psychoactive cannabis, whether prescribed or not).
5. Refusing to submit to any alcohol or controlled substances test required by this Policy. An employee who refuses to submit to a required drug/alcohol test will be treated in the same manner as an employee who tested 0.04 or greater on a blood alcohol test or tested positively on a controlled substances test. A "refusal to submit" to an alcohol or controlled substances test required by this policy includes, but is not limited to:
• A refusal to provide a urine sample for a drug test.
• An inability to provide a urine sample without a valid medical explanation. • A refusal to complete and sign the breath alcohol testing form, or otherwise to cooperate with the testing process in a way that prevents the completion of the test. • An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation.
• Tampering with or attempting to adulterate the urine specimen or collection procedure.
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• Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested.
• Leaving the scene of an accident without a valid authorization.
B. Exceptions to Prohibitions. The City Manager may authorize responsible alcohol consumption, when deemed appropriate, such as during special events or diplomatic proceedings.
C. Reasonable Suspicion Testing. All employees may be required to submit an alcohol or drug test if a supervisor has reasonable suspicion to believe the employee is under the influence of alcohol or controlled substances. Reasonable suspicion alcohol and drug testing will generally be administered within two hours of the observation. If not, the supervisor should provide written documentation as to why the test was not promptly conducted. The supervisor must document observation of the following behaviors:
1. A pattern of documented abnormal or erratic behavior.
2. Direct observation of drug or alcohol use, or information provided by a reliable and credible source that an employee has engaged in drug or alcohol use.
3. Presence of the mental or physical symptoms of drug or alcohol use (e.g., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination, and/or reflexes).
4. A work -related accident in conjunction with other facts which together support reasonable cause.
D. Consequences of Failing an Alcohol or Drug Test. A positive result from a drug or alcohol test may result in disciplinary action, up to and including termination, even for a first offense. The City also reserves the right to discipline or terminate an employee convicted of an offense which involves the use, distribution, or possession of illegal drugs. If an employee is not terminated, the employee:
1. Must be removed from performing any job function and immediately placed in an unpaid status.
2. Must submit to an examination by a substance abuse professional. Upon a determination by the substance abuse professional, the employee may be required to undergo treatment for his or her alcohol or drug abuse. The City is not required to pay for this treatment.
3. Shall not be returned to his or her former position until the employee submits to a return - to -duty controlled substance and/or blood alcohol test (depending on which test the PAGE 81 Revised 2024-05-13
employee failed) which indicates an alcohol concentration level of less than 0.02 or a negative result of a controlled substance test.
4. Will be required to submit to unannounced follow up testing and possibly other conditions if he or she has been returned to his or her position.
E. Compliance with State or Federal Law. At all times, the City will comply with current applicable state or federal laws concerning drug and alcohol testing. Issues or inconsistencies that are not addressed in this policy will be determined by referring to state or federal law and regulations governing drug and alcohol testing. The City reserves the right to make changes to this policy at any time, for the purpose of complying with state or federal law or regulation as it exists now or as it may be amended.
F. An employee is required to notify their supervisor when any medications or drug they are taking could create an unsafe and dangerous satiation. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties when using such medications or drugs, clearance from a physician designated by the City will be required.
If an employee is prescribed medication or drugs in relation to a work -related injury or illness, the doctor treating the employee for the work -related injury or illness shall provide the required clearance.
SECTION 6. USE OF CONFIDENTIAL INFORMATION
City employees shall not use confidential information acquired by or available to them in the course of their employment with the City for personal gain or for personal, non -City business - related reasons. City employees and officials shall uphold the public's right to know, and in accordance with the Brown Act, uphold the public's right to know not only the decisions taken, but also the deliberations which shape public policies.
SECTION 7. CONFLICTS OF INTEREST
City employees are prohibited from making, participation in making, or attempting in any way to use their official position to influence a City decision in which the employee knows or has reason to know they have a financial interest as defined by law. For example, City employees shall not make personal investments nor maintain any direct or indirect interest in enterprises, activities, or entities which they have or have reason to believe may be involved in decisions or recommendations to be made by them or persons under their supervision, or which may create a conflict between their private interests or may impair their independence of judgment in the accomplishment of their official duties. If, however, persons in the public service have financial interests in matters coming before them, or before the department in which they are employed, they shall remove themselves from making, participating in the making, or seeking to influence any decision regarding such matter. Employees who are designated in the City's Conflict of Interest Code shall file the appropriate disclosure statements required under State Law.
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SECTION 8. OFFICIAL BADGE OR INSIGNIA
No City employee who uses a badge or insignia as evidence of his/her authority shall allow it to be used by any other individual. Neither shall the City employee use his/her badge or insignia in any way to advance a private interest. Any infraction of this rule may result in immediate disciplinary action by the Department Head concerned.
Badges may be issued to certain classifications of employees, for the purpose of formally recognizing official activities performed by those public employees, including, but not limited to, Code Enforcement Officers and Public Works Rangers. The authorization of said badges is subject to the conditions set forth in this policy. It is the sole responsibility of the employee to maintain control of the badge which was issued to him or her. Badges shall never be loaned to anyone and shall never be left unattended. In the event a badge is lost, it is the employee's responsibility to notify the direct supervisor immediately so that the appropriate security actions can be taken.
Badge holder is responsible for the cost of the replacement badge and any associated damage or losses should the badge be lost, stolen, or misused while in the badge holder's possession.
Badge is to be returned to the direct supervisor immediately upon completion of employment with the City of Yucaipa or upon the request that the badge be returned. If the employee is unable to return the badge to the direct supervisor, the employee must contact Human Resources for instructions.
Failure to comply with these requirements may result in the badge being revoked or disciplinary action, up to and including termination of employment. The City reserves the right to revoke the badge at any time, for failure to obey the rules and regulations set forth in this policy.
SECTION 9. ALARM CODES, KEYS AND ELECTRONIC ENTRY DEVICES Entry or security alarm codes, facility keys, and/or electronic entry devices are provided to employees and contracted partners as a courtesy of employment/contract with the City of Yucaipa.
The protection and security of the information contained within City facilities is of paramount importance.
Entry or security alarm codes shall never be shared with anyone, including other City staff or contractors, and shall be protected from discovery by any person. If, for any reason, an employee's entry or security alarm code is discovered by anyone, it is the employee's responsibility to notify their supervisor immediately so that the code can be cancelled and a new code issued.
Facility keys and/or electronic entry devices shall never be loaned to anyone and shall never be left unattended. If an employee's key(s) or electronic entry device(s) is lost, it is the employee's responsibility to notify their immediate supervisor so that the appropriate security actions can be taken.
Key(s) or electronic entry device(s) is to be returned immediately upon completion of employment with the City of Yucaipa or upon the request that the key(s) or electronic entry device(s) be returned. Key(s) or electronic entry device(s) shall be returned to the employee's immediate PAGE 83 Revised 2024-05-13
supervisor. If an employee is unable to return the key(s) or electronic entry device(s) to their supervisor, Human Resources should be contacted for instructions.
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PERSONNEL POLICIES & PROCEDURES MANUAL ACKNOWLEDGEMENT
I acknowledge receipt of the City of Yucaipa Personnel Policies and Procedures Manual (Manual) and warrant and represent that I have read and understand the document. I had an opportunity to ask questions and receive clarification from the City regarding conditions of employment, policies, and rules contained in this Manual. I agree to observe and abide by the conditions of employment, policies, and rules contained in this Manual.
I understand that the City retains the rights that include, but are not limited to, the exclusive right to determine the mission of its constituents, commissions, committees, and boards; set standards of service; manage the City's schedule of working hours; establish, modify, or change work schedules or standards; determine the procedure and standards of selection for action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of operations; determine the methods, means, and personnel by which operations are to be conducted; determine the content of job classifications; take all necessary action to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
to make decisions involving employment as needed in order to conduct its work in a manner that is beneficial to the employees and the City.
I understand and agree that nothing in the Manual creates or is intended to create a promise or representation of continued employment
I understand that if I violate the rules, policies, and procedures set forth herein that I may be subject to discipline, up to and including termination of my employment. This Manual supersedes all prior agreements, understandings, and representations concerning my employment. I understand that if I have questions regarding the Manual, I can discuss them with Human Resources.
EMPLOYEE NAME:
EMPLOYEE SIGNATURE DATE
The signed, original copy of this acknowledgement shall be given to Human Resources to be filed in your personnel file.
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PUBLIC EMPLOYEE OATH
OATH ORF AFFIRMATION OF ALLEGIANCE
FOR CIVIL DEFENSE WORKERS AND PUBLIC EMPLOYEES
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
DISASTER SERVICE WORKER NOTICE
Disaster Service Worker Notice: Per Government Code Section 3100 et seq., I understand that all public employees are hereby declared to be disaster service workers subject to disaster service activities as may be assigned by my supervisor or other Management staff.
EMPLOYEE NAME:
EMPLOYEE SIGNATURE
DATE
The signed, original copy of this acknowledgement shall be given to Human Resources to be filed in your personnel file.
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