CC RES 1994-057 RESOLUTION NO. 94-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ADOPTING REVISIONS TO
THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND
RESCINDING RESOLUTIONS NOS. 91-48 AND 92-39
WHEREAS, the City Council is authorized to adopt rules for
the administration of a management benefits system; 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 management employees;
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: Management Employee Personnel Rules: Approves
and establishes the Management Employee Personnel Rules, attached
hereto as Exhibit B.
Section 2 : Previous Rules, Procedures and Policies:
Rescinds Resolution Nos. 91-48 and 92-39, as well as any other
resolutions and policies not consistent with the Management
Employee Rules, attached hereto as Exhibit B.
Resol. No. 94-57
PASSED, APPROVED AND ADOPTED on July 5, 1994.
54-166('
Mayor
ATTEST:
/0OP
s City Clerk
; ate 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. 94-57 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on July 5, 1994.IF
,,
_� ��►
•
City/clerk
City' of Rancho Palos Verdes
Resol. No. 94-57
Resolution No. 94-57
EXHIBIT "B"
CITY OF RANCHO PALOS VERDES
MANAGEMENT EMPLOYEE
PERSONNEL RULES
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•
RULE I
EXEMPT EMPLOYEES
Management Employees covered by these Rules are exempt
from the overtime pay requirements of the federal Fair Labor
Standards Act and, therefore, shall not be eligible for overtime
compensation or compensatory time off.
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94) 1
RULE II
DEFINITION OF TERMS
Whenever used in these Management 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 - EMPLOYEE: Department Heads and the Assistant
City Manager as defined in Municipal Code section 2 . 46. 040, and who
are regularly scheduled to work at least forty (40) hours or more
per week. Pursuant to Municipal Code section 2 .46. 040, Department
Heads and the Assistant City Manager are at-will employees who
serve at the pleasure of the City Manager.
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SECTION 5 - EVALUATION DATE: A date established by the
City Manager, a date adjusted as required for any break in service,
or a date adjusted in accordance with the merit increase schedule
outlined in Rule IV and annually thereafter.
SECTION 6 - PERSONNEL OFFICER: The City Manager shall
serve as the Personnel Officer as outlined in Municipal Code
section 2 . 46. 030.
SECTION 7 - TERMINATION: The cessation of employment
with the City.
SECTION 8 - WORK WEEK: A regular schedule of forty (40)
hours in a seven day period, the scheduling of which may vary from
time to time based on the workforce needs of the City as determined
by the City Manager.
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RULE III
EXCLUSIONS
With the exception of RULE IX, employees 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 Management
Personnel Rules.
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RULE IV
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/her 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 on the employee's
performance evaluation.
(a) Meritorious performance shall be measured by the
receipt of a rating of "satisfactory" or above.
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94) 5
(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 City Manager.
Step "3" at the completion of one year of satisfactory
service in Step "2" as determined by the City Manager.
Step "4" at the completion of one year of satisfactory
service in Step "3" as determined by the City Manager.
Step "5" at the completion of one year of satisfactory
service in Step "4" as determined by the City Manager.
Step "6" at the completion of one year of satisfactory
service in Step "5" as determined by the City Manager.
(d) When an employee demonstrates exceptional ability and
proficiency, such employee may be advanced to the next higher step
within his/her range by the City Manager, in his/her sole
discretion, without regard to the minimum length of service
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provisions contained in this section. Advancements under this
section shall not change the employee's regular evaluation date.
SECTION 3 - LONGEVITY PAY PLAN: Subject to the approval
of the City Manager, a longevity pay plan shall be applied to give
recognition to long, faithful and meritorious service.
(a) The longevity pay plan shall be applied under the
following schedule:
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 City
Manager may at his/her sole discretion determine and order that the
employee's longevity pay cease until such time as the City Manager
has determined that the employee has achieved a satisfactory level
of service.
940518 R6876-00001 rs 0511681.RD1 New: 0511681.2(Adopted 07/05/94) 7
RULE V
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 an 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 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.
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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) 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.
(c) The scheduling of vacation leaves must be approved by
the City Manager. Employees shall submit a written request to
schedule vacation leave to 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.
(d) Employees will have the option to be paid for
vacation leave time that exceeds the maximum accrual allowed by
these Rules if a requested vacation leave is denied by the City
Manager due to the work force needs of the City.
(e) Employees shall not be granted, and accordingly are
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94) 9
not entitled to take vacation leave in advance of its accrual.
(f) Upon termination from employment, employees shall be
paid for accumulated vacation leave up to a maximum amount which
I/ may be accumulated} by these Rules.
(g) 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 - ADMINISTRATIVE LEAVE: In addition to an
employee's earned vacation leave, each employee covered by these
Rules may be granted up to seven (7) administrative leave days per
fiscal year at the sole discretion of the City Manager.
(a) The scheduling of administrative leave must be
approved by the City Manager. Employees shall submit a written
request to schedule administrative leave to the City Manager within
a reasonable amount of time prior to the desired date. In the
exercise of the City Manager's discretion, s/he will consider the
work force needs of the City.
(b) Administrative leave may not be accumulated to the
next fiscal year.
(c) Upon termination from employment, employees shall
not be granted, and accordingly are not entitled to be paid for
administrative leave.
SECTION 3 - SICK LEAVE:
(a) Employees earn paid sick leave at the rate of eight
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(8) hours for each full calendar month of continuous employment
with the City including time served in probationary status.
(b) Unused sick leave may be accumulated to a maximum of
seven hundred and twenty (720) hours.
I/
(c) In order to receive paid sick leave, an employee must
notify the City Manager at the earliest possible time, generally
before 8 : 30 a.m. Such notice shall provide the fact and the reason
for 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.
(d) Employees shall not be granted, and accordingly are
not entitled to take paid sick leave in advance of its accrual.
(e) 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.
(f) Upon termination or dismissal from employment,
employees shall not be granted, and accordingly are not entitled to
be paid for accrued sick leave.
(g) Sick leave may be used for medical appointments,
pregnancy disability leave and leaves provided pursuant to the
federal and California family and medical leave statutes and to
care for an employee's or spouse's children due to illness.
(h) This section shall be interpreted and applied in a
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)11
manner consistent with applicable federal and California law.
SECTION 4 - WELLNESS LEAVE: 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 from employment, 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 5 - BEREAVEMENT LEAVE: Compensated Bereavement
Leave is not considered to be accrued leave which an employee may
use at his/her discretion, but is granted by reason of death of a
member of the employee's immediate family, consisting of an
employee's spouse and employee's and/or spouse's child, parent,
sibling, stepparent, stepchild and grandparent. An 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 the City
Manager at the earliest possible time, generally before 8 : 30 a.m.
In the event the employee must travel out of state in connection
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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 6 - JURY DUTY:
I/
(a) An employee called for jury duty shall give the City
Manager reasonable advance written notice of the obligation to
serve.
(b) 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) The employee shall continue to report for work on
those days when excused from jury duty, and on which the employee
can work at least four (4) hours during his/her regular work day.
SECTION 7 - LEAVE OF ABSENCE WITHOUT PAY: The City
Manager may grant an 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. Leave under this section shall only be
granted to an employee under circumstances where the employee is
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)13
not otherwise eligible for pregnancy disability leave or family and
medical leave provided under applicable law and Sections 8 and 11,
respectively, of this Rule. Approval shall be in writing and a
I/ 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 on leave to report to
work promptly at its expiration may be cause for discharge.
(c) An 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 evaluation date shall
be set forward one month for each thirty (3 0) consecutive calendar
days taken.
(d) The City shall maintain group health insurance
coverage for an 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 had not taken such leave. In
the event an employee does not return to work following the leave,
the City reserves the right to recover the premiums or other sums
940518 R6876-00001 rs 051 1681.RD 1 New:0511681.2(Adopted 07/05/94)14 RE S O L. NO. 9 4-c5 7
the City paid for group health insurance coverage during the period
of the employee's leave.
(e) The 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.
(f) If the leave of absence without pay was for medical
reasons, prior to resuming regular duties, an employee shall
furnish a physician's certificate stating that the employee is able
to return to work.
SECTION 8 - PREGNANCY DISABILITY LEAVE:
(a) An 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 shall provide as much advance notice of
the need for pregnancy disability leave as practicable. Generally,
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)15
the employee shall provide at least 30 days' advance notice.
(d) An employee requesting a pregnancy disability leave
may be required to provide the City Manager with a certification
I/ from a health care provider that the employee is disabled by
pregnancy, childbirth or related medical condition.
(e) Prior to returning to work an employee who took a
pregnancy disability leave must provide the City Manager with a
certification from a health care provider that the employee's
disability has ceased and the employee 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 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 shall be reinstated to her
original job. If the 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.
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)16 RE S OL. NO. 94-57
(i) An employee reinstated to her original job after a
pregnancy disability leave of absence shall receive the same step
in the salary range that she received when the leave of absence
began. Time spent on such leave without pay shall not count toward
I/
service for increases within the salary range, and the 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 (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 had not taken the leave. In the event an 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 9 - MILITARY LEAVE: Military leave shall be
granted in accordance with applicable California and federal law.
SECTION 10 - PAID HOLIDAY LEAVE: (a) Subject to the
restrictions described below, employees will receive paid leave
for the following designated City holidays:
(1) The last Monday in May;
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)17
(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) 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.
(c) In order to be eligible for holiday pay, an employee
must work the last scheduled workday before and the first scheduled
workday after the holiday, unless the employee is taking approved
paid leave. -
(d) If a holiday falls during an employee's approved
vacation period, the employee will be paid for the holiday and will
not be charged with a vacation day for the day the holiday is
observed.
(e) If a holiday falls during an employee's approved
sick leave period, the employee will be paid for the holiday and
will not be charged with a sick day for the day the holiday is
observed.
(f) Employees on non-paid leave of absence for any
reason are ineligible for holiday benefits for holidays that are
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)18 RE S OL. NO. 9 4-5 7
observed, during the period they are on a non-paid leave of
absence.
SECTION 11 - FAMILY AND MEDICAL LEAVE:
I/
(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.
(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
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)19
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
I/ 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 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
employee is 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
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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
I/
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,
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.
(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.
(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
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)2 1
condition;
iii. An estimate of the amount of time that the health
care provider believes the employee needs to care for the
I/ 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 medical
certification of the need for a medical leave for the 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.
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)22 RESOL. NO. 94-57
(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
I/
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
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. }
940518 R6876-00001 rs 0511681.RD1 New:0511681.2(Adopted 07/05/94)2 3
RULE VI
WORKERS' COMPENSATION
AND UNEMPLOYMENT INSURANCE
I/ SECTION 1 - WORKERS' COMPENSATION AND UNEMPLOYMENT
INSURANCE: The City provides Workers' Compensation and
Unemployment Insurance to all employees, except volunteers, in
accordance with California Law.
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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, an employee must have an
approval slip signed by the attending doctor.
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RULE VII
EMPLOYEE EXPENSES
SECTION 1 - MILEAGE EXPENSE: An 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 be
approved in writing by the City Manager, and shall be filed on
forms and in accordance with the procedures established by the City
Manager.
(b) 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.
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RULE VIII
TERMINATION PROCEDURES
SECTION 1 - RESIGNATION:
(a) In order to resign in good standing, an 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 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 Service as of the last day worked.
SECTION 2 - RETIREMENT: The City shall pay the full 7%
of an employee's contribution to the Public Employees Retirement
System (PERS) .
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RULE IX
NON-DISCRIMINATION POLICY
SECTION 1 - EQUAL EMPLOYMENT OPPORTUNITY STATEMENT: The
I/
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
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
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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
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
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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 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 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.
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(4) The following is a partial list of the types of
conduct that may constitute unlawful harassment:
(i) Verbal Harassment. This form of
I/ 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 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
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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
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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,
impeding or blocking movements; and
(h) Gender harassment and harassment
based on pregnancy, childbirth, or related medical conditions.
(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
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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
I/ 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 such
conduct. If the harassment does not stop immediately or the
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
I/ 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
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Manager, if the Assistant 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
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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 are available, and to enable the City
to take prompt remedial action, when warranted. The complaint
shall include the date(s) , time(s) , and place(s) of incident(s) of
harassment, a description 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:
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(a) Review the written complaint;
(b) Interview the complainant, the
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alleged harasser and any others who may have relevant evidence;
(c) Review pertinent documents or
records;
I/ (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 and
evidence. The complainant shall be consulted in connection with
the corrective action to be taken against the harasser and 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
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unlawful harassment, and to cooperate in a harassment investigation
free from retaliation. It is City policy to prohibit retaliation
against anyone for opposing harassment prohibited by this Policy
and applicable law, reporting unlawful harassment in any form,
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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 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.
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(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 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 by calling
(202) 663-4895 (voice) or (202) 663-4399 (TDD) .
(h) QUESTIONS. Questions regarding this Policy should
be directed to the Personnel Officer.
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RULE X
MISCELLANEOUS PROCEDURES,
SECTION 1 - OUTSIDE EMPLOYMENT: 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 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 means and methods of offering those
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services; the right to contract or subcontract City functions,
including any work 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 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.
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