CC RES 1994-056 RESOLUTION NO. 94-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ADOPTING REVISIONS TO
THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL
RULES AND RESCINDING RESOLUTION NO. 91-47
WHEREAS, the City Council is authorized and directed under
the provisions of Chapter 2.46 of the Rancho Palos Verdes
Municipal Code to adopt rules for the administration of the
personnel system created in said Municipal Code Chapter; and
WHEREAS, the objectives of these rules are to facilitate
efficient and economical services to the public and to provide
for an equitable system of personnel management; and
WHEREAS, these rules set forth in detail those procedures
which define many of the obligations, rights, privileges and
prohibitions which are placed upon Competitive Service Employees
which are described in Chapter 2 .46 of the Rancho Palos Verde
Municipal Code;
WHEREAS, at the same time, within the limits of
administrative feasibility, considerable latitude shall be given
the City Manager in the interpretation and application of these
rules so that they are applied equitably; and
WHEREAS, from time to time these rules must be revised due
to relevant changes in federal and state personnel law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Competitive Service Employee Personnel Rules:
Approves and establishes the Competitive Service Employee
Personnel Rules, attached hereto as Exhibit A.
Section 2 : Previous Rules, Procedures and Policies:
Rescinds Resolution No. 91-47, as well as any other resolutions
and policies not consistent with the Management Employee Rules,
attached hereto as Exhibit A.
Resol. No. 94-56
PASSED, APPROVED AND ADOPTED on July 5, 1994 .
ayor
ATTEST:
1)00111
416 - 4 /
Ai /
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 94-56 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on July 5, 1994.
City C1*.
City o 1 'ancho Palos Verdes
Resol. No. 94-56
Resol . No . 94-56
EXHIBIT "A"
CITY OF RANCHO PALOS VERDES
COMPETITIVE SERVICE EMPLOYEE
PERSONNEL RULES
RULE I
DEFINITION OF TERMS
Whenever used in these Personnel Rules, the following
terms shall have the meanings set forth below.
SECTION 1 - CONTINUOUS EMPLOYMENT/SENIORITY: Total
full-time spent in the employ of the City, including all days of
attendance at work, and approved leaves of absence whether paid
or nonpaid, but shall not include unauthorized absences, time
spent between employment with the City, suspensions or layoffs of
more than thirty (30) days.
SECTION 2 - CITY: The City of Rancho Palos Verdes.
SECTION 3 - CITY MANAGER: The duly appointed City
Manager of the City of Rancho Palos Verdes or his/her designee.
SECTION 4 - CLASSIFICATION: A position or positions
assigned to the same job title.
SECTION 5 - EMPLOYEE: A competitive service employee
as defined in Municipal Code section 2 .46. 040 and compensated
through the City payroll who is regularly scheduled to work forty
(40) or more hours per week and who has successfully completed
the probationary period as hereinafter provided in these Rules.
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Employee does not include elected officials, independent
contractors, part-time or temporary employees, or volunteers.
SECTION 6 - EVALUATION DATE: The date in which an
employee has completed his/her probationary period, a date
adjusted as required for any break in service or a date adjusted
in accordance with the merit increase schedule outlined in Rule V
and annually thereafter.
SECTION 7 - EXEMPT EMPLOYEE: An employee whose duties
and salary exempt him/her from the overtime pay provisions of the
federal Fair Labor Standards Act.
SECTION 8 - NONEXEMPT EMPLOYEE: An employee who is
subject to the overtime pay and compensatory time off provisions
of the federal Fair Labor Standards Act.
SECTION 9 - PERSONNEL OFFICER: The City Manager shall
serve as the Personnel Officer as outlined in Municipal Code
section 2 .46. 030.
SECTION 10 - PROBATIONARY EMPLOYEE: An employee who is
I/ employed by the City during his/her initial-hire or promotional
probationary period, or extension thereof.
(a) An initial-hire probationary employee is an
employee who (1) is serving a probationary period, and (2) has
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not previously been employed by the City, or (3) has previously
been employed by the City but who is re-employed after a break in
service.
(b) A promotional probationary employee is a City
employee who has been promoted to a higher job classification
I/
requiring different skills, and who is serving a probationary
period.
SECTION 11 - PROBATIONARY PERIOD: A period of time as
defined in Municipal Code section 2 .46. 070, which is an integral
part of the examination, recruiting, testing and selection
process for employment. During the probationary period, an
employee is required to demonstrate his/her fitness for the
position to which he/she is tentatively appointed including
promotional appointments by actual performance of the duties of
the position.
SECTION 12 - TERMINATION: The cessation of employment
with the City for non-disciplinary reasons such as, but not
limited to, layoff, resignation, or failure to successfully
complete the initial-hire probationary period.
SECTION 13 - WORK WEEK: A regular schedule of forty
(40) hours in a seven-day period, the scheduling of which may
I/
vary from time to time based on the workforce needs of the City
as determined by the City Manager.
ADOPTED-07/05/94 3
RULE II
EXCLUSIONS
With the exception of RULE XIII, employees not included
in the competitive service as defined in Municipal Code section
2.46. 040, as well as independent contractors, part-time and
temporary employees and volunteers are excluded from these Rules.
I/
ADOPTED-07/05/94 4 RE S O L. NO. 94-56
RULE III
CLASSIFICATION PROCEDURES
SECTION 1 - PREPARATION OF CLASSIFICATION PLAN: The
City Manager shall prepare, maintain, and amend the classifica-
tion plan. The classification plan shall contain job specifica-
tions for classifications for positions covered by these Rules.
SECTION 2 - ALLOCATION OF POSITIONS: The City Manager
shall allocate every position in the City Service to one of the
classifications established by the classification plan and shall
allocate all positions substantially similar to the same
classification.
SECTION 3 - CLASS SPECIFICATIONS: The classification
plan shall consist of job specifications which shall set forth a
descriptive title, typical duties and responsibilities,
essential functions of the position, and the training,
experience, and other qualifications necessary or desirable for
the effective performance of each position within a
classification.
I/
ADOPTED-07/05/94 5
RULE IV
PROBATIONARY PERIOD AND PROCEDURES
SECTION 1 -- OBJECTIVE OF PROBATIONARY PERIOD: The
probationary period shall be regarded as a part of the selection
and evaluation process. The City shall closely observe the
probationary employee's work performance during the probationary
period.
SECTION 2 - DURATION OF PROBATIONARY PERIOD: All
initial-hire and promotional appointments shall be tentative and
subject to a probationary period of not less than six (6) months
actual service. The City Manager may extend a probationary
period up to six (6) additional months actual service. Whenever
possible, the City Manager shall give the probationary employee
written notice of the extension of the probationary period ten
(10) days before its expiration. The written notice shall state
the reason for the extension. Failure to give the probationary
employee notice of the extension prior to the expiration of the
initial probationary period shall automatically extend the
period. The length of the automatic extension without a written
notice shall not exceed a period over thirty (30) days.
SECTION 3 - TERMINATION OF INITIAL-HIRE PROBATIONARY
EMPLOYEE: During or at the conclusion of the initial-hire
probationary period, or any extension thereof, the City Manager,
ADOPTED-07/05/94 6 RE S O L. NO. 94-56
after consultation with the probationary employee's Department
Head, where practical, may terminate an initial-hire probationary
employee without cause, and without a hearing or right of appeal.
SECTION 4 - PROCEDURES - REGULAR APPOINTMENT FOLLOWING
I/
PROBATIONARY PERIOD: The City Manager shall be notified in
writing two (2) weeks prior to the expiration of any probationary
period. After consultation with the probationary employee's
Department Head and immediate supervisor, the City Manager shall
determine whether:
(a) the initial-hire probationary employee shall become
a regular employee,
(b) the initial-hire probationary employee shall be
terminated or discharged,
(c) the promotional probationary employee's promotion
shall be confirmed,
(d) a promotional probationary employee's promotion
shall be rejected, or
(e) the employee's initial or promotional probationary
period shall be extended.
SECTION 5 - REJECTION FOLLOWING PROMOTION: Any
probationary employee rejected during or at the conclusion of a
probationary period following a promotional appointment shall be
reinstated to the position from which the employee was promoted
I/
unless (a) charges are filed and the employee is dismissed from
ADOPTED-07/05/94 7
employment in the manner provided in these Rules, (b) there is no
vacancy in such position, or (c) the employee is terminated from
employment due to a layoff or other basis. If there is no
I/ vacancy, the employee may request to be placed on a re-employment
list.
1/
ADOPTED-07/05/94 8 RE S OL. NO. 94-56
RULE V
REGULAR COMPENSATION/PERFORMANCE EVALUATIONS
Compensation shall be determined from a salary schedule
of ranges established by a Resolution of the City Council; each
range includes six (6) steps, or rates of pay; each horizontal
step being approximately five (5) percent greater than the
previous step, with the exception of the first step from "1" to
"2" which is approximately a two and a half (2.5) percent
increase.
SECTION 1 - INITIAL EMPLOYMENT: The rate of
compensation for initial employment in any classification shall,
generally, be at Step "1. " The City Manager, at his/hPr sole
discretion, however, may approve compensation at a higher step if
he/she finds that the person employed is reasonably entitled, by
reason of experience or ability, to a rate in any one of the
steps above the minimum or if s/he determines that it is
difficult to obtain qualified applicants at the minimum rate.
SECTION 2 - MERIT ADVANCEMENT WITHIN A RANGE: The
primary reason for advancement within a range shall be
meritorious performance in an employee's assigned duties.
(a) Meritorious performance shall be measured by the
I/
receipt of a rating of "satisfactory" or above on the employee's
performance evaluation.
ADOPTED-07/05/94 9
(b) Merit increases shall be based on meritorious
service, and, if granted, shall be effective on the day in which
the employee's evaluation date falls, whether or not the
performance evaluation is conducted on the evaluation date.
(c) An employee may be advanced within his/her range in
accordance with the following schedule:
Step "2" at the completion of six months satisfactory
service in Step "1" as determined by the Department Head.
Step "3" at the completion of one year of satisfactory
service in Step "2" as determined by the Department Head.
Step "4" at the completion of one year of satisfactory
service in Step "3" as determined by the Department Head.
Step "5" at the completion of one year of satisfactory
service in Step "4" as determined by the Department Head.
Step "6" at the completion of one year of satisfactory
service in Step "5" as determined by the Department Head.
(d) All proposed advancements shall be recommended by
the Department Head and approved by the City Manager before
becoming effective.
ADOPTED-07/05/94 10 RE S O L. NO. 94-56
(e) When an employee demonstrates exceptional ability
and proficiency, such employee may be advanced to the next higher
step within his/her range with the approval of the City Manager,
in his/her sole discretion, following recommendation by the
Department Head, without regard to the minimum length of service
provisions contained in this section. Advancements under this
section shall not change the employee's regular evaluation date.
SECTION 3 - PROMOTIONAL ADVANCEMENT: When an employee
is promoted from employment in one class to employment in a class
assigned a higher range, advancement shall be to the lowest step
in such higher range which will provide not less than a five
percent (5%) increase in salary, provided that the salary does
not exceed step "6. "
SECTION 4 - ACTING PAY: An employee, who by written
assignment by his/her Department Head or the City Manager,
performs the duties of a position with a higher salary
classification than that in which he/she is regularly employed,
shall receive the compensation specified for the position to
which he/she is assigned if he/she performs the duties for a
period of one (1) calendar month or more. The employee shall be
compensated at the step within the higher classification as will
accord such employee an increase of at least five percent (5%)
over his/her current rate of compensation. Such compensation
shall be retroactive to the first day of the assignment.
ADOPTED-07/05/94 11
SECTION 5 - LONGEVITY PAY PLAN: Subject to the
recommendation of the Department Head and approval of the City
Manager, a longevity pay plan shall be applied to give
recognition to long, faithful and meritorious service.
(sac)he:::::Tongevity pay plan shall be applied under the
following
Length of Continuous Employment Amount of Pay/Month
Beginning of 11th year through 15 years $ 75/month
Beginning of 16th year through 20 years $125/month
Beginning of 21st year through 25 years $175/month
(b) The amount of longevity pay shall not be
cumulative. For example: Total longevity pay, if granted, after
seventeen (17) years of service is $125/month not $200/month.
(c) The longevity pay plan herein provided shall not be
considered automatic, but is granted by merit and performance.
If at any time the employee's service is unsatisfactory, the
Department Head may recommend and the City Manager may at his/her
sole discretion determine and order that the employee's longevity
pay cease until such time as the Department Head and/or City
Manager has determined that the employee has achieved a
satisfactory level of service.
ADOPTED-07/05/94 12 RE S O L. NO. 94-56
RULE VI
OVERTIME COMPENSATION,
SECTION 1 - WORK SCHEDULE: When necessary to perform
essential work, nonexempt employees and nonexempt probationary
employees may be required to work at a time other than during or
in excess of forty (40) hours in the work week.
(a) Overtime shall be defined as any combination of
actual hours worked, vacation leave, compensatory time and sick
leave which exceed forty (40) hours in any work week.
(b) Work in excess of (40) hours in the work week,
requires written approval of the nonexempt employee's or
nonexempt probationary employee's Department Head or the City
Manager. When ever possible, the employee shall obtain the
Department Head's or the City Manager's written approval in
advance.
SECTION 2 - OVERTIME COMPENSATION: Nonexempt employees
and nonexempt probationary employees shall receive overtime
compensation or compensatory time off in accordance with the
federal Fair Labor Standards Act. Accordingly, nonexempt
employees and nonexempt probationary employees shall be paid one
and one-half (11/2) times their regular hourly rate of pay or
receive compensatory time off at one and one-half (11/2) hours for
all hours worked in excess of forty (40) in the work week.
ADOPTED-07/05/94 13
SECTION 3 - COMPENSATORY TIME: Nonexempt employees and
nonexempt probationary employees may elect to be credited with
compensatory time off in lieu of paid overtime at the time such
overtime is recorded. Such compensatory time shall be at the
rate of one and one-half (11/2) hours for each hour of overtime
worked. Compensatory time may not be accumulated to exceed forty
(40) hours.
(a) The taking of all compensatory time off shall first
be approved by the nonexempt employee's or nonexempt probationary
employee's Department Head or the City Manager and shall be
granted in accordance with the work force needs of the City and
the federal Fair Labor Standards Act.
(b) Compensatory time may be used for medical
appointments.
(c) Compensatory time may be used for pregnancy
disability leave and other leaves provided pursuant to the
federal and California family and medical leave statutes.
ADOPTED-07/05/94 14 RE S OL. NO. 94-56
RULE VII
LEAVES
(a) Time spent by an employee on an approved paid leave
shall not be construed as a break in service or employment, and
rights accrued at the time the leave is granted shall be retained
by the employee. Additionally, a leave of absence, with pay or
without pay, granted to any employee shall not create a vacancy
in the position. For the duration of any such leave of absence,
the duties of the position may be performed by another employee
from the classified service on an acting assignment, or a
temporary part-time employee, provided that any employee so
assigned shall possess the minimum qualifications for such
position.
(b) Except as otherwise permitted by law, all requests
for leave shall be in writing, and shall be sent to the City
Manager or his/her designee. The request shall include the
expected start and end dates of the leave, and any medical
certifications required by the provisions of this Rule. An
employee shall provide as much advance notice of the need for
leave as practicable. Generally, when the need for the leave is
foreseeable the employee shall try to provide at least 10 days'
notice prior to the commencement of the leave. Failure to
provide advance notice of the need for leave may be grounds for
delaying the start of the leave.
ADOPTED-07/05/94 15
SECTION 1 - VACATION LEAVE:
(a) Employees are entitled to accrue paid vacation
leave under the following schedule:
Length of Continuous Employment Vacation Accrual Rates
Beginning of 1st month through 2 years 6. 67 hours per month
Beginning of 3rd year through 5 years 8 hours per month
Beginning of 6th year through 15 years 10 hours per month
Beginning of 16th year and more 8 additional hours
per year for each
year of service up
to a maximum of 160
hours
(b) After completion of the initial-hire probationary
period, the employee will be credited with vacation leave earned
during the probationary period. The employee shall be entitled
to take such leave upon the completion of the initial-hire
probationary period or extension thereof. However, an initial-
hire probationary employee may utilize accrued vacation time
prior to the completion of the probationary period with the
written approval of the City Manager.
(c) Vacation leave may be accumulated to a maximum of
two year's worth of accrued vacation leave. Once an employee
reaches the maximum vacation leave which may be accumulated, the
employee shall cease to accrue any further vacation leave until
the amount accumulated falls below the maximum.
(d) The scheduling of vacation leaves must be approved
by the employee's Department Head. Employees shall submit a
ADOPTED-07/05/94 16 RESOL. NO. 94-56
written request to schedule vacation leave to the employee's
Department Head or the City Manager within a reasonable amount of
time prior to the desired date and shall be granted in accordance
with the work force needs of the City.
(e) Employees will have the option to be paid for
vacation leave time that exceeds the maximum, which may be
accumulated, if a requested vacation leave is denied by their
Department Head due to the work force needs of the City.
(f) Employees shall not be granted, and accordingly are
not entitled to take vacation leave in advance of its accrual.
(g) Upon termination or dismissal from employment,
employees and probationary employees shall be paid for
accumulated vacation leave up to a maximum amount which may be
accumulated by these Rules.
(h) Vacation leave may be used for medical
appointments, pregnancy disability leave and leaves provided
pursuant to the federal and California family and medical leave
statutes.
SECTION 2 - SICK LEAVE:
(a) Employees and probationary employees earn paid sick
leave at the rate of eight (8) hours for each full calendar month
of continuous employment with the City including time served in
probationary status.
(b) Initial-hire probationary employees are eligible to
use paid sick leave during their probationary period.
ADOPTED-07/05/94 17
(c) Unused sick leave may be accumulated to a maximum
of seven hundred and twenty (720) hours.
(d) In order to receive paid sick leave, an employee or
probationary employee must notify his or her supervisor at the
earliest possible time, generally before 8:30 a.m. Such notice
shall provide the fact and the reason for the leave and duration
of the leave. Failure to provide reasonable notice will be cause
for denial of sick leave with pay for the period of the absence.
Written verification of the cause of absence may be required by
the City Manager.
(e) Employees and probationary employees shall not be
granted, and accordingly are not entitled to take paid sick leave
in advance of its accrual.
(f) Employees and probationary employees who use more
than five (5) consecutive sick days shall be required to furnish
a physician's certificate stating that the employee is able to
safely return to work. The City reserves the right to choose the
physician who shall provide the certification.
(g) Sick leave may be used for medical appointments,
pregnancy disability leave, leaves provided pursuant to the
federal and California family and medical leave statutes and to
care for an employee's or spouse's child(ren) due to illness.
(h) Upon termination or dismissal from employment,
employees and probationary employees shall not be granted, and
accordingly are not entitled to be paid for accumulated sick
leave.
ADOPTED-07/05/94 18 RESOL. NO. 94-56
(i) This section shall be interpreted and applied in a
manner consistent with applicable federal and California law.
SECTION 3 - WELLNESS LEAVE: Employees and probationary
employees are eligible to earn four (4) hours of paid leave for
ten (10) consecutive weeks of perfect attendance without using
any sick leave time.
(a) Prospectively the ten (10) week period shall be
calculated from June 2 , 1991.
(b) A maximum of eight (8) hours of wellness leave may
be accrued.
(c) Upon termination or dismissal from employment,
employees and probationary employees shall not be granted, and
accordingly are not entitled to be paid wellness leave.
(d) Wellness leave may be used for leaves provided
under the federal and California family and medical leave
statutes.
SECTION 4 - BEREAVEMENT LEAVE: Compensated Bereavement
Leave is not considered to be accrued leave which an employee or
probationary employee may use at his/her discretion, but is
granted by reason of death of a member of the employee's or
probationary employee's immediate family, consisting of an
employee's or probationary employee's spouse and employee's or
probationary employee's or their spouse's child, parent, sibling,
stepparent, stepchild and grandparent. An employee or
ADOPTED-07/05/94 19
probationary employee may take a maximum of three (3) working
days' bereavement leave when a death occurs within an employee's
immediate family. In order to receive paid bereavement leave,
the employee must notify his or her supervisor at the earliest
possible time, generally before 8: 30 a.m. In the event the
employee or probationary employee must travel out of state in
connection with the bereavement, the employee shall be allowed to
use the equivalent of two (2) working days of sick leave in
addition to the granted Bereavement Leave.
SECTION 5 - JURY DUTY:
(a) Employees and probationary employees called for
jury duty shall give the City Manager reasonable advance written
notice of the obligation to serve.
(b) Employees and probationary employees will be paid
their regular wages less jury duty pay (other than mileage or
subsistence allowances) or may elect to forfeit jury duty warrant
to the City and receive full City wages.
(c) Written evidence of jury duty attendance shall be
presented to the Personnel Officer.
(d) Employees and probationary employees shall continue
to report for work on those days when excused from jury duty, and
I/ on which the employee can work at least four (4) hours during
his/her regular work day.
ADOPTED-07/05/94 20 RE S O L. NO. 94-56
SECTION 6 - LEAVE OF ABSENCE WITHOUT PAY: The City
Manager, after consultation with the employee's or probationary
employee's Department Head, may grant an employee or probationary
employee leave of absence without pay for a period not to exceed
four (4) months in accordance with the work force needs of the
City. Additionally, the City Manager may apply such conditions
as he or she deems warranted in the best interest of the City.
No such leave shall be granted except upon written request of the
employee or probationary employee. Leave under this section
shall only be granted to an employee or probationary employee
under circumstances where the employee or probationary employee
is not otherwise eligible for pregnancy disability leave or
family and medical leave as provided under applicable law and
Sections 7 and 11, respectively, of this Rule. Approval shall be
in writing and a copy filed with the Personnel Officer.
(a) A leave of absence without pay shall not be
construed as a break in service or employment, however, paid
leave benefits, increases in salary, and other similar benefits
shall not accrue to a person granted such leave during the period
of absence.
(b) Use of a leave of absence for a purpose other than
that requested, may be cause for forfeiture of reinstatement
rights. Failure on the part of an employee or probationary
employee on leave to report to work promptly at its expiration
I/
may be cause for discharge.
ADOPTED-07/05/94 21
(c) An employee or probationary employee reinstated
after a leave of absence without pay shall receive the same step
in the salary range that he or she received when the leave of
absence began. Time spent on such leave without pay shall not
count toward service for increases within the salary range, and
the employee's or probationary employee's evaluation date shall
be set forward one month for each thirty (30) consecutive
calendar days taken.
(d) The City shall maintain group health insurance
coverage for an employee or probationary employee (including
dependent coverage) while employee is taking a medical leave of
absence under this section at the level and under the conditions
coverage would have been provided by the City if the employee or
probationary employee had not taken such leave. In the event an
employee or probationary employee does not return to work
following the leave, the City reserves the right to recover the
premiums or other sums the City paid for group health insurance
coverage during the period of the leave.
(e) The employee or probationary employee is
responsible to pay the entire cost of the health and life
insurance premiums during a non-medical leave of absence without
pay that exceeds thirty (30) calendar days. In addition, in
advance of taking the leave the employee must make written
arrangements with the finance department to pay for the costs of
such coverage.
ADOPTED-07/05/94 22 RE S OL. NO. 94-56
(f) If the leave of absence without pay was for medical
reasons, prior to resuming regular duties, an employee or
probationary employee shall furnish a physician's certificate
stating that the employee is able to return to work.
SECTION 7 - PREGNANCY DISABILITY LEAVE:
(a) An employee or probationary employee who is
temporarily disabled and unable to work due to pregnancy,
childbirth and related medical conditions may take a leave of
absence without pay for up to four months. Leave taken under the
pregnancy disability policy runs concurrently with family and
medical leave under federal law, but not family and medical leave
under California} law.
(b) All requests for pregnancy disability leave shall
be in writing, and shall be sent to the City Manager. The
request shall include the expected start and end dates of the
leave, and the medical certifications required by this section.
(c) An employee or probationary employee shall provide
as much advance notice of the need for pregnancy disability leave
as practicable. Generally, the employee or probationary employee
shall provide at least 30 days' advance notice.
(d) An employee or probationary employee requesting a
pregnancy disability leave may be required to provide the City
Manager with a certification from a health care provider that the
employee or probationary employee is disabled by pregnancy,
1/
childbirth or related medical condition.
• ADOPTED-07/05/94 23
(e) Prior to returning to work an employee or
probationary employee who took a pregnancy disability leave must
provide the City Manager with a certification from a health care
provider that the employee's or probationary employee's
disability has ceased and the person is able to return to work.
(f) A pregnancy disability leave of absence shall not
be construed as a break in service or employment. However, paid
leave benefits, increases in salary, and other similar benefits
shall not accrue to a person granted such leave during the period
of absence.
(g) Use of pregnancy disability leave for a purpose
other that for which it was granted shall be cause for discharge
and forfeiture of reinstatement rights. To the extent permitted
by law, failure on the part of an employee or probationary
employee on leave to report to work promptly at its expiration
shall be cause for discharge.
(h) Except as otherwise provided by law, upon return
from pregnancy disability leave, the employee or probationary
employee shall be reinstated to her original job. If the
employee or probationary employee is not returned to her original
job, she shall be returned to a substantially similar job, unless
either there is no substantially similar position available or
filling the substantially similar position would substantially
undermine the City's ability to operate safely and efficiently.
(i) An employee or probationary employee reinstated to
her original job after a pregnancy disability leave of absence
ADOPTED-07/05/94 24 RE S O L. NO. 94-56
shall receive the same step in the salary range that she received
when the leave of absence began. If the time spent on such leave
was without pay, the time shall not count toward service for
increases within the salary range, and the employee's or
probationary employee's evaluation date shall be set forward one
month for each thirty (30) consecutive calendar days taken.
(j) The City shall maintain group health insurance
coverage for an employee or probationary employee (including
dependent coverage) while employee is taking pregnancy disability
leave at the level and under the conditions coverage would have
been provided by the City if the employee or probationary
employee had not taken the leave. In the event an employee or
probationary employee does not return to work following a
pregnancy disability leave, the City reserves the right to
recover the premiums or other sums the City paid for group health
insurance coverage during the period of the leave.
(k) This section shall be interpreted and applied in a
manner consistent with applicable federal and California law.
SECTION 8 - MILITARY LEAVE: Military leave shall be
granted in accordance with applicable California and federal law.
SECTION 9 - PAID HOLIDAY LEAVE: (a) Subject to the
restrictions described below, nonexempt employees and nonexempt
probationary (new-hire and promotional) employees will receive
ADOPTED-07/05/94 25
paid leave at their straight-time hourly rate for the following
designated City holidays:
(1) The last Monday in May;
(2) July 4;
(3) The first Monday in September;
(4) The fourth Thursday in November;
(5) The fourth Friday in November;
(6) The period between and including December 24
and January 1 (Saturdays and Sundays excepted) ; and
(7) One day as a floating holiday which shall be
designated yearly by the City Manager.
(b) Exempt employees shall receive paid leave for the
designated City holidays outlined in Section 9 (a) above.
(c) If July 4th falls upon a Saturday, the Friday
before is the observed holiday, and if the date falls upon a
Sunday, the Monday following is the observed holiday.
(d) In order to be eligible for holiday pay, an
employee or probationary must work the last scheduled workday
before and the first scheduled workday after the holiday, unless
the employee is taking approved paid leave.
(e) If a holiday falls during an employee's or
probationary employee's approved vacation period, the employee or
probationary employee will be paid for the holiday and will not
be charged with a vacation day for the day the holiday is
observed.
ADOPTED-07/05/94 26 RE S O L. NO. 94-56
(f) If a holiday falls during an employee's or
probationary employee's approved sick leave period, the employee
or probationary employee will be paid for the holiday and will
not be charged with a sick day for the day the holiday is
observed.
(g) Employees and probationary employees on non-paid
leave of absence for any reason are ineligible for holiday
benefits for holidays that are observed, during the period they
are on a non-paid leave of absence.
(h) Nonexempt employees and nonexempt probationary
employees who work on a designated City holiday shall be paid
their regular hourly rate of pay and one and one-half (1 1/2)
times their regular hourly rate of pay for all hours worked on
the holiday or receive credit for the equivalent number of hours
worked of compensatory time off and one and one-half (1 1/2)
hours compensatory time off for all hours worked on the holiday.
SECTION 10 - ADMINISTRATIVE LEAVE:
(a) Exempt employees may be granted up to seven (7)
administrative leave days off per fiscal year at the sole
discretion of the City Manager.
(b) The scheduling of administrative leave must be
approved by the City Manager or his/her designee. Employees
shall submit a written request to schedule administrative leave
to the City Manager or his/her designee within a reasonable
amount of time prior to the desired date. In the exercise of the
ADOPTED-07/05/94 27
City Manager's discretion, s/he shall consider the work force
needs of the City.
(c) Administrative leave may not be accumulated to the
next fiscal year.
(d) Upon termination or dismissal from employment,
employees shall not be granted, and accordingly are not entitled
to be paid for administrative leave.
(e) Exempt probationary employees are eligible to use
administrative leave if granted by the City Manager or his/her
designee during their probationary period.
SECTION 11 - FAMILY AND MEDICAL LEAVE:
(a) All employees who have worked at the City for at
least 12 months and a minimum of 1250 hours during the 12 months
prior to a request for leave are eligible for an unpaid leave of
absence for the following reasons:
(1) The birth of a child of the employee and to
care for the child.
(2) The placement of a child with the employee
through adoption or a foster care program.
(3) To care for the employee's spouse, child or
parent if the spouse, child or parent has a serious health
condition.
(4) The serious health condition of the employee
that makes the employee unable to perform the functions of his or
her position.
ADOPTED-07/05/94 28 RE S O L. NO. 94-56
(b) A "serious health condition" is an illness,
injury, impairment or physical or mental condition that involves
either:
(1) Inpatient care in a hospital, hospice, or
residential medical care facility; or
(2) Continuing treatment or continuing
supervision by a health care provider.
(c) Each eligible employee shall be entitled to take
an unpaid leave of up to 12 workweeks during any rolling 12-month
period for the purposes listed above. An employee disabled by
pregnancy shall be entitled to take unpaid leave, in addition to
medical and family leave, of up to four months when the employee
is disabled by pregnancy, childbirth or related medical
conditions. Under certain circumstances, an employee may take
family and medical leave intermittently (taking leave in blocks
of time or reducing the employee's weekly or daily work
schedule) .
(d) Entitlement to family leave for the birth of a
child or the placement of a child with the employee through
adoption or a foster care program shall expire 12 months after
the birth or placement of the child with the employee.
(e) An employee married to another employee at the
City is entitled to an aggregate amount of family and medical
leave that does not exceed 12 workweeks when added to the family
ADOPTED-07/05/94 29
and medical leave taken by the employee's spouse for the purpose
of the birth or placement of a child with the employees.
(f) A family or medical leave shall be unpaid, except
that an employee may use any accumulated vacation leave, sick
leave, compensatory time, administrative leave and wellness leave
during the leave provided for in this Section.
(g) The City shall maintain group health insurance
coverage for an employee (including dependent coverage) while
taking family and medical leave at the level and under the
conditions coverage would have been provided by the City if the
employee had not taken the leave. In the event an employee does
not return to work following a family and medical leave, the City
reserves the right to recover the premiums or other sums the
City paid for group health insurance coverage during the period
of the employee's leave, to the extent permitted by applicable
law.
(h) Except as otherwise permitted by law, all requests
for leave shall be in writing, and shall be sent to the City
Manager. The request shall include the expected start and end
dates of the leave, and the medical certification set forth in
subsections (j) or (k) herein. An employee shall provide as much
advance notice of the need for leave as practicable. Generally,
1/ when the need for the leave is foreseeable the employee shall
provide not less than 30 days' notice prior to the commencement
of the leave. Failure to provide advance notice of the need for
leave may be grounds for delaying the start of the leave.
ADOPTED-07/05/94 30 RE S OL. NO. 94-56
(i) Where the employee takes leave for planned medical
treatment of a spouse, child or parent, or of the employee, the
employee shall consult with the City Manager and make a
reasonable effort to schedule the leave so as not to unduly
disrupt the operation of the City.
I/
(j) The City may require an employee to provide
medical certification of the need for a medical leave for the
care of a spouse, child or parent with a serious health
condition. The certification shall contain, at a minimum, the
following information:
i. The date on which the serious health condition
began;
ii. The probable duration of the serious health
condition;
iii. An estimate of the amount of time that the health
care provider believes the employee needs to care for
the individual requiring the care;
iv. A statement that the serious health condition
warrants the participation of a family member to
provide care during the period of the treatment or
supervision of the individual requiring care; and
v. To the extent provided by applicable law,
appropriate medical facts within the knowledge of the
health care provider regarding the condition.
(k) The City may require an employee to provide
I/
medical certification of the need for a medical leave for the
ADOPTED-07/05/94 31
employee's own serious health condition. The certification shall
contain, at a minimum, the following information:
i. The date on which the serious health condition
began;
ii. The probable duration of the serious health
condition;
iii. A statement by the health care provider that, due
to the serious health condition, the employee is unable
to perform the functions of his or her position with
the City; and
vi. To the extent provided by applicable law,
appropriate medical facts within the knowledge of the
health care provider regarding the condition.
(1) During the leave, the City may require periodic
recertification by a health care provider and other periodic
reports.
(m) Except as otherwise provided by law, upon return
from family and medical leave, the employee shall be reinstated
to the same or an equivalent position held when the leave
commenced.
(n) Prior to returning to work an employee who took a
medical leave for his/her own serious medical condition must
I/ provide the City Manager with a certification from a health care
provider that the employee is able to resume work.
(o) This section shall be interpreted and applied in a
manner consistent with applicable federal and California law.
ADOPTED-07/05/94 32 RE S D L. NO. 94-56
RULE VIII
WORKERS' COMPENSATION
AND UNEMPLOYMENT INSURANCE
SECTION 1 - WORKERS' COMPENSATION AND UNEMPLOYMENT
INSURANCE: The City provides Workers' Compensation and
Unemployment Insurance to all employees and probationary
employees in accordance with California Law.
SECTION 2 - ON-THE-JOB INJURIES: All injuries
suffered during working hours must be reported, in writing,
immediately. Unless there is an emergency, a referral slip must
be obtained from the Personnel office before visiting a doctor.
Upon returning to work from all on-the-job injuries, employees
and probationary employees must have an approval slip signed by
the attending doctor.
I/
ADOPTED-07/05/94 33
RULE IX
EMPLOYEE EXPENSES
SECTION 1 - MILEAGE EXPENSE: An employee or
probationary employee who is required to use his/her private
automobile for City assignments shall be reimbursed at the
standard mileage rate set by the City Council.
(a) All claims for mileage reimbursement shall first be
approved in writing by the employee's or probationary employee's
Department Head or the City Manager, and shall be filed on forms
and in accordance with the procedures established by the City
Manager.
(b) Employees and probationary employees using their
personal car for City business shall supply the Personnel Officer
with a Certificate of Insurance stating that their personal
automobile is covered by public liability and property damage
insurance of not less than the amount required by the City
Manager.
I/
ADOPTED-07/05/94 34 RE S OL. NO. 94-56
RULE X
TERMINATION PROCEDURES
SECTION 1 - RESIGNATION:
(a) In order to resign in good standing, an employee or
I/
probationary employee shall inform the City Manager in writing of
the effective date of the resignation at least ten (10) working
days in advance. This time limit may be waived, in writing, by
the City Manager. Failure to give notice as required by this
Rule shall be cause for the City to deny future employment.
(b) An employee or probationary employee who is absent
from work voluntarily or involuntarily for more than eight (8)
hours without written authorization and who does not present a
written explanation acceptable to the City Manager as to the
cause of the employee's absence, shall be considered as having
voluntarily resigned from the City's employment as of the last
day worked.
SECTION 2 - LAYOFF: Whenever in the judgment of the
City Council it becomes necessary in the interest of economy, or
because the necessity for a position no longer exists, the City
Council may abolish any position in the competitive service; and
the employee or probationary employee holding such position for
employment may be laid off without taking disciplinary action and
without the right of appeal.
I/
ADOPTED-07/05/94 35
(a) The order of the layoff of employees and/or
probationary employees shall be established by the City Manager
on the recommendation of the Department Head involved. Employees
I/ and/or probationary employees will be laid off from the affected
layoff unit (department or classification) in accordance with
performance, seniority, attendance and their ability to perform
the remaining work available without further training. When, in
g ,
the opinion of the City Manager, two or more employees and/or
probationary employees have relatively equal performance records,
experience, skill, ability and qualifications to do the remaining
work without further training, the employee(s) and/or
probationary employees with the least seniority will be laid off
first.
(b) Employees to be laid off shall be given at least
ten (10) working days prior notice or equivalent pay if laid off
immediately.
(c) An employee or promotional probationary employee
who is subject to layoff may request a reduction to a lower
classification within the same occupational series in the layoff
unit provided the employee possesses seniority, an acceptable
performance and attendance record, and has the ability to perform
the remaining work available without further training. The
I/ reduction shall be made only in cases where there is a vacant
position in the layoff unit.
(d) The names of employees and promotional probationary
employees laid off or demoted in lieu of lay off shall be placed
ADOPTED-07/05/94 36 RE S OL. NO. 94-56
upon re-employment list for those classes requiring basically the
same qualifications, duties and responsibilities of the class
from which lay-off or demotion in lieu of lay off was made as
established in Rule XIV, Section 3 .
SECTION 3 - RETIREMENT: The City shall pay a
I/
percentage of an employee's contribution to the Public Employees
Retirement System based on the following schedule and shall be
credited to each member's account:
PERS Contribution
Length of Continuous Employment Paid by City
Beginning of 2nd year 2%
Beginning of 3rd year 4%
Beginning of 4th year and longer 7%
I/
ADOPTED-07/05/94 37
RULE XI
GRIEVANCE PROCEDURES
SECTION 1 - PURPOSE OF GRIEVANCE PROCEDURE:
(a) The grievance procedure shall be used to resolve
employee or probationary employee complaints concerning the
express terms and conditions of employment with the City. Except
for written reprimands and oral warnings, the grievance procedure
shall not be used for resolving any complaint concerning
disciplinary action.
(b) Except as otherwise provided in these Rules, the
grievance procedure may be utilized to resolve alleged:
(1) Improper application of rules, regulations and
procedures;
(2) Unfair treatment, including coercion, restraint or
reprisal;
(3) Improper procedures utilized in employee layoff;
(4) Discrimination because of race, religion, color,
creed, sex or national origin; or because of any
other statutorily or constitutionally
impermissible basis;
(5) Any matter affecting an employee's:
I/ a. Working schedule;
b. Fringe benefits;
c. Holidays;
d. Vacation;
ADOPTED-07/05/94 38 RE S OL. NO. 94-56
e. Sick leave;
f. Retirement;
(7) Any other matter regarding terms and conditions of
employment.
SECTION 2 - INFORMAL DISCUSSION OF GRIEVANCE: When an
employee or probationary employee has a grievance, the employee
or probationary employee shall first informally discuss the
matter with the employee's or probationary employee's immediate
supervisor within five (5) business days from the date of the
incident or decision generating the grievance. If after a
discussion with the immediate supervisor, the grievance has not
been satisfactorily resolved, the employee or probationary
employee shall have the right to informally discuss the grievance
with the supervisor's immediate superior. The informal
discussion with the supervisor's immediate superior shall occur
within ten (10) business days from the date of the incident or
decision generating the grievance. If after such a discussion,
the grievance has not been satisfactorily resolved, the employee
or probationary employee shall have the right to file a formal
grievance.
If an employee's or probationary employee's grievance
is with his or her immediate supervisor or the supervisor's
immediate superior, and such employee reasonably believes that
such grievance will not be resolved at that level, he or she may
I/
proceed to the next step of the grievance procedure.
ADOPTED-07/05/94 39
SECTION 3 - FORMAL GRIEVANCE PROCEDURE: The formal
grievance shall be used to resolve an employee's or probationary
employee's grievance not satisfactorily resolved by informal
discussion.
(a) An employee or probationary employee shall have the
right to present a formal grievance in writing to the City
Manager within fifteen (15) business days from date of the
incident or decision generating the grievance. All formal
grievances shall state the reasons for the complaint and the
employee's suggested solution.
(b) A formal grievance shall be timely presented to the
City Manager. When the employee or probationary employee
presents a formal grievance to the City Manager, the City Manager
shall discuss the grievance with the employee or probationary
employee. Within fifteen (15) business days after receipt of the
formal grievance, the City Manager shall render a written
decision. The decision of the City Manager shall resolve the
grievance and no further review of the subject matter of the
grievance shall be permitted.
SECTION 4 - GENERAL PROCEDURES:
(a) The employee or probationary employee and the City
have the right to representation at any ste p in the grievance
procedure.
(b) Any grievance not filed or taken to the next step
by the employee or probationary employee within the specified
ADOPTED-07/05/94 40 RE S OL. NO. 94-56
time limits shall be deemed settled on the basis of the last
decision, and not subject to further reconsideration. By mutual
agreement and for good cause, reasonable extensions of time may
be given in writing to the employee by the City Manager at any
step in the grievance procedure.
(c) An employee or probationary employee who ,has filed
a grievance shall suffer no discrimination for filing the
grievance.
I/
ADOPTED-07/05/94 41
RULE XII
DISCIPLINE PROCEDURES
SECTION 1 - AUTHORITY TO DISCIPLINE: The City Manager,
Assistant City Manager and department heads are authorized to
take disciplinary action regarding employees under their control
in accordance with, and within the limits of, these Rules. Every
supervisor shall assist his/her superiors in achieving sound
discipline and acceptance by that employee of the corresponding
duties and responsibilities, including those disciplinary in
nature.
SECTION 2 - CAUSE FOR DISCIPLINE: Each of the
following constitutes cause for discipline of an employee. It is
the intent of these Rules to include as a cause for discipline
any action or non-action by an employee which impedes or disrupts
the performance of the City and its organizational component
units, is detrimental to employee or public safety, violates
properly established rules and procedures or adversely affects
the reputation of the City, its officers or employees. Examples
of causes for discipline include, but are not limited to:
(a) Any violation of any written rule or regulation
promulgated by City related to conduct or performance.
(b) Fraud in securing appointment.
(c) Incompetency.
(d) Inefficiency.
ADOPTED-07/05/94 42 RE S OL. NO. 94-56
(e) Neglect of duty.
(f) Dishonesty or lying to a supervisor or superior.
(g) Violation of any law relating to conflicts of
interest, whether contractual or financial.
(h) Use, possession, purchase, sale, manufacture,
distribution, transportation or dispensation of controlled
substances or alcohol while on duty or on City premises, except
for the use of prescribed controlled substances (a) as directed
by the licensed health care provider prescribing such substances
and in accordance with the manufacturer's directions, and (2) in
a manner not otherwise in violation of these Rules.
(i) The use of any substance, controlled or purchased
over the counter, which impairs the employee's performance of
his/her duties.
(j) Unexcused absences.
(k) Conviction of a felony or conviction of a
misdemeanor involving moral turpitude. A plea or verdict of
guilty or nolo contendere to a charge of a felony or any offense
involving moral turpitude is deemed to be a conviction within the
meaning of this section.
(1) Defrauding the City by making a false claim for
compensation, benefits or reimbursements.
(m) Making a false Workers Compensation Claim against
the City.
(n) Improper political activity which prevents the
employee or other employees from the efficient performance of
ADOPTED-07/05/94 43
employment with the City, or which has a disruptive effect on the
efficiency or integrity of the City service or the department in
which such employee is employed.
(o) Failure or refusal to cooperate with supervisory
personnel or other employees.
(p) Misuse or misappropriation of City property or
funds.
(q) Gambling for money or articles of value on City
property or during working hours.
(r) Tardiness.
(s) Abuse of sick leave privileges, including but not
limited to reporting sick when not sick, and obtaining sick leave
pay falsely or under false pretenses.
(t) Excessive absenteeism which impairs the City's
ability to provide services or function effectively or
efficiently.
(u) Refusal to take and subscribe any oath or
affirmation which is required by law or these Rules in connection
with his/her employment.
(v) Refusing to report on official call in an
emergency.
(w) Violation of departmental rules and regulations.
(x) Intentionally misrepresenting information or facts
in any statement, declaration or affidavit duly required of an
employee.
ADOPTED-07/05/94 44 RE S OL. NO. 94-56
(y) Failure or refusal to carry out an order or
directive of a superior.
(z) Asking, receiving or agreeing to receive any bribe,
gratuity or reward of any kind upon any understanding that any
employee's action shall be influenced thereby, or shall be given
in any particular manner, or upon any particular question or
matter upon which any employee may be required to act in the
employee's capacity; or attempting by menace, deceit, suppression
of truth, or any corrupt means to influence any employee to
commit any act, conduct or omission which is clearly
inconsistent, incompatible, in conflict with, or inimical to the
best interests of the City.
(aa) Failure to observe or comply with safe working
standards, to endanger, to injure, or to damage public property
or the private property of an employee or member of the public
through negligent, improper or careless conduct or use of
equipment; or to permit such actions on the part of any employee
under his/her supervision or control.
(bb) Conduct disrespectful to the public, elected and
appointed City officials, supervisors, superiors, department
heads or members of City boards or commissions.
In the event that the City imposes disciplinary action
for cause, including but not limited to any of the above acts and
omissions, the employee shall have the right to contest or seek
review of the disciplinary action or the basis thereof, in
ADOPTED-07/05/94 45
accordance with procedures set forth in Sections five (5) , six
(6) , seven (7) , eight (8) and nine (9) .
SECTION 3 - TYPES OF DISCIPLINARY ACTION: Disciplinary
actions include reprimands, suspensions, demotions, reductions in
pay and dismissal, as defined below:
(a) Verbal Reprimand. An oral warning that may be
given to the employee in the event that a deficiency in
performance or conduct is not of sufficient magnitude. to warrant
a more formal disciplinary action. A written record may be made
of such conferences and placed in the employee's personnel file
with a copy provided to the employee. Verbal reprimands are not
subject to appeal. However, the employee has the right to place
in his/her personnel file a written response or rebuttal to any
written record of verbal reprimand, provided that such response
or rebuttal is submitted for inclusion in the file within thirty
(30) calendar days of the employee's receipt of the written
record.
(b) Written Reprimand. A written statement relating to
an action or omission which meets any of the grounds for
disciplinary action listed in these Rules, indicating that there
is cause for dissatisfaction with the employee's services and
I/ that further disciplinary measures may be taken if the cause is
not corrected. The written statement shall be placed in the
employee's file, with a copy provided to the employee. Written
reprimands are not subject to appeal. However, the employee has
ADOPTED-07/05/94 46 RE S O L. NO. 94-56
the right to place in his/her personnel file a written response
or rebuttal to any written statement, provided that such response
or rebuttal is submitted for inclusion in the file within thirty
(30) calendar days of the employee's receipt of the written
statement.
(c) Suspension. The temporary separation of the
employee from City service without pay for disciplinary purposes
for a period not to exceed thirty (30) calendar days per
occurrence.
(d) Demotion. A change in employment status from one
position to another having a lower rate of pay and/or a change in
duties which are allocated to a class having a lower maximum rate
of pay for disciplinary reasons. The disciplinary demotion may
be temporary or permanent.
(e) Dismissal. The discharge of the employee from City
service for disciplinary reasons. Discharge and dismissal are
used interchangeably in these Rules.
(f) Reduction in Pay. A change in the salary step of
an employee to a lower step within the same salary range for
disciplinary reasons.
SECTION 4 - DISCIPLINARY PROCEDURES:
(a) When an employee is to be suspended, demoted,
reduced in pay or dismissed, a preliminary written notification
shall be provided to the employee. The written notice shall
I/
include:
ADOPTED-07/05/94 47
(1) The charges against the employee and reasons
for the proposed disciplinary action to be taken;
(2) The proposed disciplinary action to be taken;
(3) Copies of the charges and materials on which
the proposed action is based; and
(4) A statement advising the employee that,
before any proposed disciplinary action takes effect, the
employee or his/her representative has the right to respond
orally or in writing within five (5) working days from the
employee's receipt of the written notice.
(b) Within ten (10) working days after the employee has
had the opportunity to respond, the employee shall be notified in
writing of any disciplinary action to be taken and the effective
date of such disciplinary action.
SECTION 5 - APPEAL OF DISCIPLINARY ACTIONS: An
employee who has been suspended, demoted, or dismissed for
disciplinary reasons, may appeal the disciplinary action.
In order to appeal the disciplinary action, the
employee must file a written notice of appeal with the City
Manager for a hearing within ten (10) working days after having
been furnished with a copy of the notice of disciplinary action.
SECTION 6 - TIME OF HEARING: The hearing on the
employee's appeal shall be conducted within ninety (90) calendar
days after the employee's filing of the written notice of appeal
ADOPTED-07/05/94 48 RE S OL. NO. 94-56
with the City Manager. This time limit may be extended by the
City Manager for good cause and by agreement of the employee and
the City Manager.
SECTION 7 - HEARING PROCEDURE: The following
procedures shall govern hearings on appeals of disciplinary
action:
(a) The City Manager shall conduct the hearing. If the
City Manager files the written statement to discipline an
employee that works directly for the City Manager, then the
Deputy City Manager shall conduct the hearing.
(b) Hearings shall be conducted in the manner most
conductive to determination of the truth, and the City Manager
shall not be bound by technical rules of evidence. Decisions
made shall not be invalidated by an informality in the
proceedings.
(c) The City Manager shall make arrangements to have
the hearing transcribed or recorded to preserve the proceedings
and testimony. The employee may obtain a copy of the transcript
or recording upon request.
(d) The City Manager shall determine the relevancy,
weight and credibility of all testimony and evidence.
(e) The City Manager shall base his/her findings and
decision on the preponderance of the evidence presented.
(f) The Department Head shall have the burden of proof.
I/
Each side will be permitted an opening statement and closing
ADOPTED-07/05/94 49
argument. The Department Head shall first present its witnesses
and evidence to support the charges and disciplinary action. The
employee shall then present his/her witnesses and evidence in
defense. The Department Head may thereafter present witnesses
and evidence in rebuttal.
(g) Each side will be allowed to examine and cross-
examine witnesses. All witnesses shall testify under oath. The
City Manager may question any witness.
(h) Both the Department Head and the employee may be
represented by a designee or by legal counsel. The City Manager
may obtain the legal advice of the City Attorney in performing
the function of hearing officer.
(i) The City Manager shall, if requested by either
side, subpoena witnesses and/or require the production of
documents or other material evidence.
(j) The City Manager may, during a hearing, grant a
continuance for any reason believed to be important to the
reaching of a fair and proper decision.
(k) Within thirty (30) calendar days after the
conclusion of the hearing, the City Manager shall prepare and
serve on both sides a written decision setting forth the charges
found to be sustained, and the reasons therefore, and the
propriety of the disciplinary action imposed. The City Manager
may sustain, reject or modify the disciplinary action imposed.
If the City Manager sustains the employee, all or part of any
ADOPTED-07/05/94 50 RE S O L. NO. 94-56
loss of the employee's full compensation may be ordered restored.
SECTION 8 - FINALITY OF CITY MANAGER'S DECISION: The
decision of the City Manager shall be final and conclusive.
SECTION 9 - JUDICIAL REVIEW: Any legal action to
challenge any decision of the City Manager must be filed in a
court of competent jurisdiction no later than ninety (90) days
following the date the City Manager's written decision becomes
final as provided in California Code of Civil Procedure section
1094 . 6.
ADOPTED-07/05/94 51
RULE XIII
NON-DISCRIMINATION POLICY
The definition of employee for this Rule, only, shall
include all City agents and employees, including probationary,
part-time, managers, supervisors and co-employees.
SECTION 1 - EQUAL EMPLOYMENT OPPORTUNITY STATEMENT:
The City is committed to a policy of equal employment
opportunity. Consistent with this commitment and California and
federal law, the City does not discriminate against employees or
applicants because of race, color, religion, sex, pregnancy,
national origin, ancestry, age, marital status, disability,
alienage, citizenship status or medical condition (cancer
related) , or any other basis prohibited by applicable federal and
California. Equal employment opportunity will be extended to all
persons in all aspects of the employer-employee relationship,
including hiring, training, promotion, transfer, - discipline,
layoff, recall discharge and termination.
SECTION 2 - POLICY AGAINST HARASSMENT:
(a) STATEMENT OF POLICY.
Harassment in the workplace on the basis of race,
religion, color, national origin, ancestry, disability, medical
condition (cancer-related) , marital status, sex, sexual
orientation, age (over 40) , or any other status protected by
applicable statutes violates California and federal law, and the
ADOPTED-07/05/94 52 RE S O L. NO. 94-56
policy of the City of Rancho Palos Verdes ("City") . The City is
committed to creating and maintaining a workplace free from
unlawful harassment. That commitment includes taking all
reasonable steps to prevent unlawful workplace harassment.
(1) The protections afforded by this Policy apply
to applicants for employment and employees. If harassment
prohibited by this Policy occurs, the City shall take appropriate
corrective action against the harasser, and seek to remedy the
effects of the harassment on the employee or applicant for
employment. If the harasser is an employee, including a
department head, supervisor and co-employee, such corrective
action shall include appropriate discipline, up to and including
discharge. If the harasser is a non-employee, for example, an
appointed commissioner or committee member, or a volunteer or
vendor, such corrective action may include termination of the
City's relationship with the non-employee. If the harasser is a
City Council member, corrective action may include, but is not
limited to, public censure of the City Council member by the City
Council.
(b) SEXUAL HARASSMENT.
(1) Sexual harassment is unlawful harassment on
the basis of sex, including gender harassment and harassment
based on pregnancy, childbirth, or related medical conditions.
(2) The California Fair Employment and Housing
Commission ("FEHC") regulations define sexual harassment as
unwanted sexual advances, or unwelcome visual, verbal or physical
ADOPTED-07/05/94 53
conduct of a sexual nature. Federal law defines sexual
harassment as unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature
when submission to sexual advances or behavior is made either
explicitly or implicitly a term or condition of an individual's
employment, when submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual or when such conduct has the purpose or
effect of unreasonably interfering with an individual's work
performance, or creating an intimidating, hostile or offensive
working environment.
(3) Sexual harassment may be committed by a
member of opposite or the same sex.
(c) TYPES OF HARASSMENT.
(1) The following statuses are referred to in
this Policy as "protected status" : race, religious creed, color,
national origin, ancestry, citizenship, disability, marital
status, sex, medical condition (cancer-related) , sexual
orientation, age (over 40) or any other status protected by
federal or California law.
(2) Unlawful harassment also consists of verbal
or physical conduct that denigrates or shows hostility or
I/ aversion toward an individual because of his/her protected
status, or the protected status of his/her relatives, friends, or
associates, and that (i) has the purpose or effect of creating an
intimidating, hostile, or offensive work environment; (ii) has
ADOPTED-07/05/94 54 RE S OL. NO. 94-56
the purpose or effect of unreasonably interfering with an
individual's work performance; or (iii) otherwise adversely
affects an individual's employment opportunities.
(3) Unlawful harassment may be challenged even if
the complainant is not the specific intended target of the
conduct.
(4) The following is a partial list of the types
of conduct that may constitute unlawful harassment:
(i) Verbal Harassment. This form of
harassment includes, but is not limited to, epithets, jokes,
derogatory comments, negative stereotyping, slurs or other verbal
conduct that denigrates or shows hostility or aversion toward an
employee or applicant based on his/her protected status, or the
protected status of his/her relatives, friends, or associates.
(ii) Physical Harassment. This form of
harassment includes, but is not limited to, assault, unwelcome
touching, impeding or blocking movement, threatening acts,
intimidating acts, hostile acts or other physical conduct that
denigrates or shows hostility or aversion toward an employee or
applicant based on his/her protected status or the protected
status of his/her relatives, friends, or associates.
(iii) Visual Harassment. This form of
harassment includes, but is not limited to, displaying pictures,
posters, cartoons, drawings, or other written or graphic
materials that denigrates, shows hostility or aversion or are
derogatory toward an employee or applicant based on his/her
ADOPTED-07/05/94 55
protected status or the protected status of his/her relatives,
friends, or associates.
(iv) Sexual Harassment. In addition to
items (i) through (iii) above, this form of harassment includes,
but is not limited to:
(a) Unwelcome, verbal or written sexual
advances or propositions;
(b) Offering or denying employment
benefits or privileges in exchange for granting or withholding
sexual favors;
(c) Making or threatening reprisals
after the rejection of sexual advances.
(d) Leering or making gestures of a
sexual nature, and displaying sexually suggestive objects,
pictures, cartoons or posters;
(e) Unwelcome sexually-related or
derogatory comments, epithets, slurs, or jokes;
(f) Verbal abuse of a sexual nature,
oral or written comments about an individual's body, sexually
degrading words used to describe an individual, sexually
suggestive or obscene letters, notes, or invitations;
(g) Unwelcome touching, assaulting,
I/ impeding or blocking movements; and
(h) Gender harassment and harassment
based on pregnancy, childbirth, or related medical conditions.
ADOPTED-07/05/94 56 RE S OL. NO. 94-56
(d) HARASSMENT COMPLAINT RESOLUTION PROCEDURE.
(1) The City will promptly, thoroughly and
objectively investigate charges of unlawful harassment. The
Assistant City Manager, or the City Manager, if the Assistant
City Manager is the alleged harasser, shall investigate and
attempt to resolve all harassment complaints. The Assistant City
Manager or the City Manager may assign the responsibility to
investigate harassment charges to another competent person. The
City shall advise the complaining individual of his/her rights
and responsibilities under the City's harassment complaint
resolution procedure and his/her right to redress unlawful
harassment. Complaints and investigations shall be handled with
due regard for the rights of the complainant and the alleged
harasser. Information about the investigation and complaint
shall only be released to individuals on a need-to-know basis, or
as required by law.
(2) An employee who witnesses harassment
prohibited by this Policy has a duty to report it to the
employee's immediate supervisor, department head, the Assistant
City Manager, or the City Manager, if the Assistant City Manager
is the alleged harasser.
(3) Informal Procedure. An applicant or employee
who believes he/she has been illegally harassed should promptly
inform the harasser that such conduct is inappropriate, offensive
and unwelcome, and that the harasser should immediately cease
I/
such conduct. If the harassment does not stop immediately or the
ADOPTED-07/05/94 57
employee does not wish to discuss the matter directly with the
harasser, the employee should promptly discuss the matter with
his or her supervisor, department head, the Assistant City
Manager, or if the alleged harasser is the Assistant City
Manager, the City Manager. The employee has the discretion to
direct the complaint to any of the positions listed above.
Applicants shall file harassment complaints with the Assistant
City Manager, or the City Manager, if the Assistant
g City Manager
is the. alleged harasser.
(4) Formal Procedure.
(i) If the informal resolution procedure
does not resolve the complaint to the satisfaction of the
complaining employee or applicant, the employee or applicant may
file a formal complaint by providing a written and signed
statement to the Assistant City Manager, or, if the Assistant
City Manager is the alleged harasser, to the City Manager. A
formal complaint should be filed within ten work days of the
event(s) giving rise to the complaint. If a complaint is filed
after ten work days, the City shall have the sole discretion to
decide whether to investigate the complaint. The City wants
complaints to be filed promptly to ensure the investigation takes
place while memories and evidence are still fresh and witnesses
I/ are available, and to enable the City to take prompt remedial
action, when warranted. The complaint shall include the date(s) ,
C ) ►
time(s) , and place(s) of incident(s) of harassment, a description
ADOPTED-07/05/94 58 RE S O L. NO. 94-56
of the circumstance(s) , the name(s) of the person(s) involved and
witnesses, if any, and any desired remedy.
(ii) The City Manager, the Assistant City
Manager or a person assigned by the City Manager or the Assistant
City Manager, shall investigate complaints of harassment by
taking the following steps:
(a) Review the written complaint;
(b) Interview the complainant, the
alleged harasser and any others who may have relevant evidence;
(c) Review pertinent documents or
records;
(d) Prepare a written report regarding
the findings and conclusions reached. The report shall be
furnished to the complainant, the alleged harasser, and the City
Manager; and
(e) Recommend to the City Manager
appropriate discipline of the harasser up to and including
termination of employment, and appropriate action to remedy the
effects of the harassment on the complainant.
(iii) Discipline taken against a harasser
shall be determined by the nature, severity and/or frequency of
the offense(s) , the work record of the harasser, the likelihood
of the misconduct being repeated, and any other relevant factors
I/
and evidence. The complainant shall be consulted in connection
with the corrective action to be taken against the harasser and
ADOPTED-07/05/94 59
the appropriate action to remedy the effects of the harassment on
the complainant. The complainant and the harasser shall be
notified of the action(s) taken by the City.
(iv) Discipline imposed by the City and any
appeal taken therefrom by the employee shall be in accordance
with the City's Competitive Service Employee Personnel Rules.
(e) PROTECTION AGAINST RETALIATION. Employees and
applicants have the right to oppose harassment prohibited by this
Policy and applicable law, to file a complaint of and to report
unlawful harassment, and to cooperate in a harassment
investigation free from retaliation. It is City policy to
Y p Y
prohibit retaliation against anyone for opposing harassment
prohibited by this Policy and applicable law, reporting unlawful
harassment in any form, assisting in making a harassment
complaint or cooperating in a harassment investigation. Persons
engaging in acts of retaliation shall be subject to appropriate
disciplinary action, including termination of employment, and/or
other appropriate and feasible corrective action.
(f) ENFORCEMENT OF THE LAWS AGAINST HARASSMENT.
(1) Employees or job applicants who believe they
have been unlawfully harassed are also entitled to file a
complaint of discrimination with the California Department of
Fair Employment and Housing ("DFEH") or the federal Equal
Employment Opportunity Commission ("EEOC") .
(2) The DFEH will attempt to assist the parties
to resolve voluntarily the dispute. If the DFEH finds evidence
ADOPTED-07/05/94 60 RE S O L. NO. 94-56
of illegal harassment, and settlement efforts fail, the DFEH may
file a formal accusation against the employer and the alleged
harasser. The accusation will lead to either a public hearing
before the FEHC or a lawsuit filed on the complainant's behalf by
the DFEH. If the FEHC finds that unlawful harassment occurred, it
can order remedies, including fines or damages for emotional
distress from each employer or harasser found to be at fault.
The FEHC may also order hiring or reinstatement, back pay and
benefits, promotions, and changes in the policies or practices of
an employer.
(3) Similar procedures and remedies are available
under federal law, including Title VII of the Civil Rights Act of
1964, as amended; the Americans with Disabilities Act of 1990;
the Age Discrimination in Employment Act of 1967, as amended; and
the Rehabilitation Act of 1973 , as amended.
(4) Victims of unlawful harassment may be
entitled to damages even though they have not been denied an
employment opportunity, pay or benefits. If unlawful harassment
occurs, the City may be liable for the conduct of its managers
and supervisors and for the conduct of employees and non-
employees. Harassers and management representatives who condone
or ratify unlawful harassment may be held personally liable for
their misconduct. Some forms of harassment are crimes.
(g) ADDITIONAL INFORMATION. For more information
regarding employee and applicant rights and remedies regarding
unlawful harassment, an employee or applicant may contact the
ADOPTED-07/05/94 61
DFEH or the EEOC. The location of the nearest DFEH office can be
obtained by calling (916) 445-9918 (voice) or (916) 324-1678
(TDD) . The location of the nearest EEOC office can be obtained
I/ by calling (202) 663-4895 (voice) or (202) 663-4399 (TDD) .
(h) QUESTIONS. Questions regarding this Policy should
be directed to the Personnel Officer.
I/
ADOPTED-07i05i94 62 RE S OL. NO. 94-56
RULE XIV
MISCELLANEOUS PROCEDURES
SECTION 1 - TRANSFERS: Transfers are permitted,
subject to the written consent of the department heads involved
and the City Manager. Such changes are authorized only from one
(1) position to another in the same class or to a position in
another class having the same maximum salary limit and involving
the performance of similar duties and requiring substantially the
same qualifications.
SECTION 2 - RECLASSIFICATION: The duties of positions
which have changed materially may be allocated to a more appro-
priate class by the City Manager. An incumbent meeting the new
qualifications of the reclassified position shall move with the
position.
SECTION 3 - RE-EMPLOYMENT LIST: Names of persons laid
off or demoted in lieu of layoff in accordance with these Rules
may be carried on a re-employment list(s) , prepared and
maintained by the Personnel Officer, for a period of six (6)
months, unless extended by the City Manager at his/her sole
discretion.
(a) Persons who refuse re-employment shall be removed
from the list.
I/
ADOPTED-07/05/94 63
(b) Persons who are appointed to permanent positions of
the same level, whether in the City or another agency, as that
which was demoted or laid off shall be removed from the list.
(c) Persons who fail to respond to a notice of re-
employment mailed to the last known address within ten (10)
working days from the date in which the notice was mailed shall
be removed from the list.
SECTION 4 - REINSTATEMENT: With the written approval
of the City Manager, a former employee may be reinstated (1) to
his or her former position, if vacant; or (2) to a vacant
position in the same or comparable class; provided that the
employee left the City's employ less than one (1) year prior to
seeking reinstatement. The City Manager may require that a
reinstated employee serve an initial-hire probationary period.
SECTION 5 - WRITTEN NOTICE: Any written notice
required to be given by the provisions of this resolution, unless
herein otherwise specifically provided, may be given either by
personal service or by mail. In the case of service by mail, the
notice must be deposited in the United States mail, in a sealed
envelope, with postage prepaid; addressed to the person on whom
it is to be served; at the address in any notice given by him or
at his last known address, and, if there be no last known
address, then addressed to him at the City. Service by mail
shall be deemed complete at the time of the deposit in the mail.
ADOPTED-07/05/94 64 RE S OL. NO. 94-56
SECTION 6 - OUTSIDE EMPLOYMENT: Employees and
probationary employees shall be allowed to engage in employment
other than their job with the City, with the understanding that
City employment is the highest priority and such employment does
not interfere with the performance of assigned duties and does
not constitute a conflict of interest. The employee or
probationary employee must notify the City Manager in writing
regarding their outside employment.
SECTION 7 - MANAGEMENT PREROGATIVES: The City through
the City Council possesses the sole right to operate the City and
all management prerogatives remain vested with the City. In this
context, except as specifically limited by express provision of
these Rules, all management prerogatives, powers, authority and
functions whether heretofore or hereafter exercised, and
regardless of the frequency or infrequency of their exercise,
shall remain vested exclusively with the City. It is expressly
recognized that these rights, include, but are not limited to,
the right to hire, direct, assign or transfer an employee; the
right to lay off employees; the right to determine and change
staffing levels and work performance standards; the right to
determine the content of the workday, including without
limitation, workload factors; the right to determine the quality
and quantity of services to be offered to the public, and the
I/
means and methods of offering those services; the right to
contract or subcontract City functions, including any work
ADOPTED-07/05/94 65
performed by employees; the right to discipline employees,
including the right to reprimand, suspend, reduce in pay, demote
and/or terminate employees; the right to relieve employees of
duty, demote, dismiss or terminate employees for nondisciplinary
p Y
purposes; the right to consolidate City functions; the right to
determine City functions; the right to implement, modify and
delete rules, regulations, resolutions and ordinances; the right
to establish, change, combine or eliminate jobs, job functions
and job classifications; the right to establish or change wages
and compensation; the right to introduce new or improved
procedures, methods, processes or to make technological changes;
and the right to establish and change shifts, schedules of work,
starting and quitting times.
ADOPTED-07/05/94 66 RESOL. NO. 94-56