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CC RES 2002-006 RESOLUTION NO. 2002 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING REVISIONS TO THE MANAGEMENT EMPLOYEE PERSONNEL RULES AND RESCINDING RESOLUTION NOS. 94-57, 94-88 AND 95-73. 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, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to 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 HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Approves and establishes the Management Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof. Section 2: Rescinds Resolution Nos. 94-57, 94-88 and 95-73, as well as any other resolutions and policies not consistent with the Management Employee Personnel Rules, attached hereto as Exhibit A and made a part thereof. PASSED, APPROVED and ADOPTED on January 31, 2002. vvd.tArp7A, 41, AYOR ' WI/ ATTEST: 41 I%1IP CI CL RK 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. 2002-06; was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on January 31, 2002. =y s,pppp1111 f0'o /f / City Cle k Resolution No. 2002-06 Page 2 of 2 CITY OF RANCHO PALOS VERDES MANAGEMENT EMPLOYEE PERSONNEL RULES ADOPTED: JANUARY 31, 2002 TABLE OF CONTENTS Page RULE I EXEMPT EMPLOYEES 1 RULE II DEFINITION OF TERMS 2 RULE III EXCLUSIONS 3 RULE IV REGULAR COMPENSATION/ PERFORMANCE EVALUATIONS 4 SECTION 1 – INITIAL EMPLOYMENT 4 SECTION 2 – MERIT ADVANCEMENT WITHIN A RANGE 4 SECTION 3 – TOP OF THE RANGE 4 RULE V LEAVES 5 SECTION 1 – VACATION LEAVE 5 SECTION 2 – ADMINISTRATIVE LEAVE 6 SECTION 3 – SICK LEAVE 7 SECTION 4 – WELLNESS LEAVE 7 SECTION 5 – BEREAVEMENT LEAVE 8 SECTION 6 – JURY DUTY 8 SECTION 7 – LEAVE OF ABSENCE WITHOUT PAY 8 SECTION 8 – PREGNANCY DISABILITY LEAVE 9 SECTION 9 – MILITARY LEAVE 11 Resolution No. 2002-06 Exhibit A Page 1 of 33 SECTION 10 – PAID HOLIDAY LEAVE 11 SECTION 11 – FAMILY AND MEDICAL LEAVE 12 SECTION 12 – OTHER LEAVES 14 Resolution No. 2002-06 Exhibit A Page 2 of 33 Page RULE VI WORKERS’ COMPENSATION AND UNEMPLOYMENT INSURANCE 16 SECTION 1 – WORKERS’ COMPENSATION AND UNEMPLOYMENT INSURANCE 16 SECTION 2 – ON-THE-JOB INJURIES 16 RULE VII EMPLOYEE EXPENSES 17 SECTION 1 – MILEAGE AND PARKING EXPENSES 17 RULE VIII TERMINATION PROCEDURES 18 SECTION 1 – RESIGNATION 18 SECTION 3 – RETIREMENT 18 RULE IX NON-DISCRIMINATION POLICY 19 SECTION 1 – EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 19 SECTION 2 – POLICY AGAINST HARASSMENT 19 RULE X VIOLENCE IN THE WORKPLACE 26 SECTION 1 – STATEMENT OF POLICY 26 SECTION 2 – DEFINITIONS 26 SECTION 3 – REPORTING PROCEDURES 26 SECTION 4 – INVESTIGATION 27 SECTION 5 – DISCIPLINE OR OTHER ACTION 27 RULE XI MISCELLANEOUS PROCEDURES 28 SECTION 1 – OUTSIDE EMPLOYMENT 28 SECTION 2 – MANAGEMENT PREROGATIVES 28 SECTION 3 – INCENTIVE PROGRAMS 28 Resolution No. 2002-06 Exhibit A Page 3 of 33 RULE I EXEMPT EMPLOYEES (ADOPTED 07/05/96, AMENDED 01/31/02) 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. Nothing in these Rules shall be construed to require an action that will invalidate an employee’s exempt status. The City Manager shall have the authority to waive or modify any requirement or action that would otherwise invalidate an employee’s exempt status. Resolution No. 2002-06 Exhibit A Page 4 of 33 RULE II DEFINITION OF TERMS (ADOPTED 07/05/94) 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 non-paid, 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 compensated through the City payroll, who are 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. 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 (Regular Compensation/ Performance Evaluation) 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 12 – TERMINATION: The cessation of employment with the City. SECTION 13 – 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. Resolution No. 2002-06 Exhibit A Page 5 of 33 RULE III EXCLUSIONS (ADOPTED 07/05/94) With the exception of Rule IX (NON-DISCRIMINATION POLICY), 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. Resolution No. 2002-06 Exhibit A Page 6 of 33 RULE IV REGULAR COMPENSATION/PERFORMANCE EVALUATIONS (ADOPTED 07/05/94, AMENDED 03/15/96 and 01/31/02) Compensation shall be determined from a salary schedule of ranges established by a Resolution of the City Council. Each range spread shall be approximately 30 percent from the bottom of the range to the top of the range. During the annual budget deliberations, the City Council shall establish a pool of funds to be used by the City Manager for employee merit increases if general fund reserves are estimated to be sufficient to cover the cost associated with such a merit pool. SECTION 1 – INITIAL EMPLOYMENT: The rate of compensation for initial employment in any classification shall be determined by the City Manager at his/her sole discretion based upon the experience, education, skills and ability of the employee. SECTION 2 – MERIT ADVANCEMENT WITHIN A RANGE: The only reason for advancement within a range shall be meritorious performance in an employee’s assigned duties: (a) Meritorious performance shall be determined by the overall rating on the employee’s performance evaluation. (b) Merit increases shall be based on meritorious service and granted only if sufficient funding is available within the City Manager’s merit pool. Granted increases shall be effective on the same 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 merit pay program determined annually by the City Manager. (d) The City Manager shall make a final determination on all proposed merit increases based upon the overall rating on the employee’s evaluation and the funds available in the City Manager’s merit pool. (e) When an employee demonstrates exceptional ability and proficiency, such employee may be advanced within his/her range with the approval of the City Manager, in his/her sole discretion, within available funding, 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. Resolution No. 2002-06 Exhibit A Page 7 of 33 SECTION 3 – TOP OF THE RANGE: In no case shall an employee’s regular salary exceed the maximum of the range established by resolution of the City Council. Resolution No. 2002-06 Exhibit A Page 8 of 33 RULE V LEAVES (ADOPTED 07/05/94, AMENDED 01/31/02) (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 on an acting assignment, an independent contractor or a temporary part-time employee, provided that any person 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 ends 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 ten (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. SECTION 1 – VACATION LEAVE: (a) Employees are entitled to accrue paid vacation leave under the following schedule: Length of Employment Vacation Accrual Rates st Beginning of 1 month through 2 years 6.67 hours per month rd Beginning of 3 year through 5 years 8 hours per month th Beginning of 6 year through 15 years 10 hours per month th Beginning of 16 year and more 8 additional hours per year for each year of service up to a maximum of 160 hours per year (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 Resolution No. 2002-06 Exhibit A Page 9 of 33 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 leave must be approved in advance 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 may be granted in accordance with the work force needs of the City. (d) Employees will have the option to be paid for up to 50% of accrued vacation leave allowed by these Rules with the approval of the City Manager, according to procedures and deadlines established by the City Manager. (d e) Employees will have the option to be paid for vacation leave that exceeds the maximum allowed by these Rules if a requested vacation leave is received and denied by the City Manager due to the work force needs of the City, not less than thirty (30) days prior to exceeding the maximum accrual. (e f) Employees shall not be granted, and accordingly are not entitled to take vacation leave in advance of its accrual. (f g) Upon termination from employment, employees shall be paid for accumulated vacation leave up to a maximum amount which may be accumulated by these Rules. (g h) Vacation leave may be used for medical appointments, pregnancy disability leave and leave 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 sixty-two (62) hours of seven (7) administrative leave days off per fiscal year at the sole discretion of the City Manager. (a) The scheduling of administrative leave must be approved in advance 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 leave. In the exercise of the City Manager’s discretion, he/she shall 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. Resolution No. 2002-06 Exhibit A Page 10 of 33 (d) Administrative 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 3 – SICK LEAVE: (a) Employees earn paid sick leave at the rate of eight (8) hours for each full calendar month of continuous employment with the City. (b) Unused sick leave may be accumulated to a maximum of seven hundred and twenty (720) hours. (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. on the day that the leave will be used. 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. The City Manager may require written verification of the cause of absence. (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) forty (40) consecutive sick days hours 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. (d) 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 spouse, child(ren), parent(s) or spouse’s child(ren) or parent(s) due to illness. (e) Upon termination or dismissal from employment, employees shall not be granted, and accordingly are not entitled to be paid for accumulated sick leave. (f) This section shall be interpreted and applied in a manner consistent with applicable federal and California law. SECTION 4 – WELLNESS LEAVE: Employees are eligible to earn four and a half (4 ½) hours one half day of paid wellness 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. Resolution No. 2002-06 Exhibit A Page 11 of 33 (b) A maximum of nine hours one (1) day of wellness leave may be accumulated. (c) Upon termination or dismissal from employment, employees shall not be granted, and accordingly are not entitled to be paid for wellness leave. (d) Wellness leave may be used for pregnancy disability leave and leaves provided under the federal and California family and medical leave statutes. SECTION 5 – BEREAVEMENT LEAVE: Paid bereavement leave shall not be considered accrued leave which an employee may use at his/her discretion, but is granted by reason of the death of a member of the employee’s immediate family, consisting of an employee’s spouse and employee’s or their spouse’s child, parent, sibling, stepparent, stepchild and grandparent. An employee may take a maximum of three (3) working days of bereavement leave each time 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. on the day that the leave is first requested. In the event the employee must travel out of state in connection with the bereavement, the employee shall be allowed to use the equivalent of two (2) additional working days of sick leave in addition to the granted bereavement leave for each incident. SECTION 6 – JURY DUTY: (a) Employees 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 the 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 shall continue to report to 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 workday. 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/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 not otherwise eligible for Resolution No. 2002-06 Exhibit A Page 12 of 33 pregnancy disability leave or family and medical leave as provided under applicable law and Sections 8 7 (Pregnancy Disability Leave) and 11 (Family and Medical Leave), 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 without pay for a purpose other than that requested, may be cause for forfeiture of reinstatement rights. Failure on the part of an employee on such a 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 that same step in the salary range that he/she received when the leave of absence began. Time spent on such leave without pay shall not count towards service for increases within the salary range, and the employee’s or probationary employee’s evaluation date shall be set forward one (1) month for each thirty (30) consecutive calendar days taken. (d) The City shall maintain group health insurance coverage for an employee (including dependent coverage) while the 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 the City paid for group health insurance coverage during the period of the leave. (e) The employee is responsible to pay the entire cost of the all applicable health and life insurance premiums and other insurance premiums (such as long term disability and accidental death and dismemberment) 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. Premiums shall be paid within the time specified by the City or as otherwise required by the applicable insurance or benefit program. (f) If the leave of absence without pay was for medical reasons, prior to resuming regular duties, an employee shall furnish the Personnel Officer with 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 Resolution No. 2002-06 Exhibit A Page 13 of 33 absence without pay for up to four (4) months. Leave taken under the pregnancy disability policy runs concurrently with family and medical leave under the federal law, but not family and medical leave under California law. Pregnancy Disability Leave may also be taken for pre-natal care. (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 certificate required by this section. (c) An employee shall provide as much advance notice of the need for pregnancy disability leave as practicable. Generally, the employee shall provide at least thirty (30) days’ advance notice. (d) An employee requesting a pregnancy disability leave may be required to shall provide the City Manager with a certificate from a health care provider on an form supplied by the City that the employee is disabled by pregnancy, childbirth or related medical condition. Failure to provide the required certification in a timely manner (within fifteen (15) days of the leave request) may result in denial of the leave request until such certification is provided. Recertification is required if leave is sought after expiration of the time estimated by the health care provider. Failure to submit a required recertification can result in termination of the leave. (e) Prior to returning to work, an employee who took pregnancy disability leave must provide the City Manager with a certificate from a health care provider that the 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. (g) Use of pregnancy disability leave for a purpose other than 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 the employee on pregnancy disability leave to report to work promptly at its expiration shall be cause for discharge. (h) Except as otherwise provided by law, upon timely return from pregnancy disability leave, the employee shall be reinstated to her original job. If the employee is not cannot returned to her original job, she shall be returned to a substantially similar job, unless either there is no substantially similar job position available or filling the substantially similar position would substantially undermine the City’s ability to operate safely and efficiently. (i) An employee reinstated to her original job position after a pregnancy disability leave of absence shall receive the same step in the salary range that Resolution No. 2002-06 Exhibit A Page 14 of 33 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 or paid leave benefits, and the employee’s or probationary employee’s evaluation date shall be set forward one (1) 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 the 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 Pregnancy Disability 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 federal and California law. SECTION 10 – PAID HOLIDAY LEAVE: (a) Subject to the restrictions described below, employees shall receive paid leave at his/her straight 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 day after the fourth Thursday in November (6) The period between and including December 24 and January 1 (Saturdays and Sundays and other non-work days excepted); and (7) One day as a floating holiday which shall be designated yearly by the City Manager. th (b) If July 4 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. The City Manager shall waive this requirement when necessary to maintain an employee’s exempt status. Resolution No. 2002-06 Exhibit A Page 15 of 33 (e) If a holiday falls during an employee’s approved vacation leave period, the employee shall be paid for the holiday and shall not be charged with a vacation day for the day the holiday is observed. (f) 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. (g) 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) Upon termination or dismissal from employment, employees shall not be granted, and accordingly are not entitled to be paid for an unused floating holiday. SECTION 11 – FAMILY AND MEDICAL LEAVE: (a) All employees who have worked for the City at least twelve (12) months and a minimum of one thousand two hundred and fifty (1,250) hours during the twelve (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, or the spouse’s 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 twelve (12) workweeks during any rolling twelve (12) month period for the Resolution No. 2002-06 Exhibit A Page 16 of 33 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 as allowed by applicable law, 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 twelve (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 twelve (12) work weeks 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 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, when the need for leave is foreseeable, the employee shall provide not less than ten (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. (i) Where the employee takes leave for planned medical treatment of a spouse, child or parent, or of a spouse’s 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. Resolution No. 2002-06 Exhibit A Page 17 of 33 (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. An employee requesting leave under this section because of a serious health condition shall provide medical certification from the appropriate health care provider on a form supplied by the City. Failure to provide the required certificate in a timely manner (within fifteen (15) days of the leave request) may result in denial of the leave request until such certification is provided. Recertification is required if leave is sought after expiration of the time estimated by the health care provider. Failure to submit a required recertification can result in termination of the leave. The certification shall contain, at a minimum, the following information: (1) The date on which the serious health condition began; (2) The probably duration of the serious health condition; (3) An estimate of the amount of time that the health care provider believes the employee needs to care for the individual requiring the care; (4) 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 (5) 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. For requests involving the employee’s own serious health condition except those involving pregnancy disability, the City, at its expense, may request a second opinion by a health care provider of the City’s choice. If the second opinion differs from the first one, the City will pay for a third, mutually agreeable, health care provider to provide a final and binding opinion. The certification shall contain at a minimum, the following information: (1) The date on which the serious health condition began; (2) The probable duration of the serious health condition; (3) 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; (4) To the extent provided by applicable law, appropriate medical facts within the knowledge of the health care provider regarding the condition that are related to the employee’s ability to perform his/her job duties. Resolution No. 2002-06 Exhibit A Page 18 of 33 (l) 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. If the employee is not returned to their original job, he/she shall be returned to a substantially similar job, unless either there is no substantially similar job position available or filling the substantially similar position would substantially undermine the City’s ability to operate safely and efficiently. (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. SECTION 12 – OTHER LEAVES: The City Manager shall grant such other leaves as are required by law. Except as otherwise provided by law or by circumstances beyond the employee’s control, employees shall request such leave and obtain approval in advance. All such leaves shall be unpaid, unless other required by law or these Rules, but employees may use otherwise applicable paid-leave benefits to remain in paid status. Resolution No. 2002-06 Exhibit A Page 19 of 33 RULE VI WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE (ADOPTED 07/05/94, AMENDED 01/31/02) SECTION 1 – WORKER’S COMPENSATION AND UNEMPLOYMENT INSURANCE: The City provides Worker’s Compensation and Unemployment Insurance to all employees, except volunteers, in accordance with California law. SECTION 2 – ON-THE-JOB INJURIES: All injuries suffered during working hours must be reported, in writing, immediately to the City Manager. Unless there is an emergency, a City referral slip form must be obtained from the Personnel Officer before visiting a doctor. Upon returning to work from all on- the-job injuries, employees must have an approved slip return to work certificate signed by the attending doctor. Resolution No. 2002-06 Exhibit A Page 20 of 33 RULE VII EMPLOYEE EXPENSES (ADOPTED 07/05/94, AMENDED 01/31/02) SECTION 1 – MILEAGE AND PARKING EXPENSES: An employee who receives a monthly car allowance established annually by a Resolution of the City Council may not receive reimbursement for mileage expenses. In the event that no monthly car allowance is provided, an employee who is required to use his/her private automobile for City assignments shall be reimbursed for mileage at the current standard mileage rate set by the Internal Revenue Service City Council. An employee shall be reimbursed for actual parking expenses incurred while on City assignments. (a) All claims for mileage and parking reimbursement shall first 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 private automobile for City business shall supply the Personnel Officer with a Certificate of Insurance stating that their private automobile is covered by public liability and property damage insurance of not less than the amount required in the procedures established by the City Manager. Resolution No. 2002-06 Exhibit A Page 21 of 33 RULE VIII TERMINATION PROCEDURES (ADOPTED 07/05/94, AMENDED 01/31/02) 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 lease ten (10) working days in advance. This time 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 nine (9) 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 employment service as of the last day worked. SECTION 2 –RETIREMENT: The City shall pay the full 7% of any employee’s contribution to the California Public Employees Retirement System (CalPERS). Resolution No. 2002-06 Exhibit A Page 22 of 33 RULE IX NON-DISCRIMINATION POLICY (ADOPTED 07/05/94, AMENDED 01/31/02) 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, sexual orientation, pregnancy, national origin, ancestry, age (40 and over), marital status, disability, alienage, citizenship status or medical condition (cancer- related), or any other basis prohibited by applicable federal and California law. 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, color, religion, sex, sexual orientation, pregnancy, national origin, ancestry, age (40 and over), marital status, disability, alienage, citizenship status or medical condition (cancer- related), or any other basis prohibited by applicable federal and California law, and the policy of the City of Rancho Palos Verdes (“City”) is prohibited. 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 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. Resolution No. 2002-06 Exhibit A Page 23 of 33 (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. Under federal law, sexual harassment includes “quid pro quo” sexual harassment, which is definesd 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. Sexual harassment also includes sexual harassment based on a hostile work environment 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 the opposite or the same sex. Employees may be the victims of sexual harassment even if the sexual harassment is directed at others but occurs in the employee’s presence or has an indirect impact on the employee’s terms and conditions of employment. (c) TYPES OF HARASSMENT. (1) The following statuses are referred to in this Policy as “protected status”: race, color, religion, sex, sexual orientation, pregnancy, national origin, ancestry, age (40 and over), marital status, disability, alienage, citizenship status or medical condition (cancer-related), or any other basis prohibited by applicable federal and 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 proposed status or 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 charged challenged even if the complainant is not the specific intended target of the conduct. Resolution No. 2002-06 Exhibit A Page 24 of 33 (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 or 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/he 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 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, impeding or blocking movements; and Resolution No. 2002-06 Exhibit A Page 25 of 33 (h) Gender harassment and harassment based on pregnancy, childbirth, or related medical conditions. (d) HARASSMENT COMPLAINT RESOLUTION PROCEDURE. (1) Complaints of harassment or retaliation may be made orally or in writing. As used in this procedure, reference to complaints of harassment includes complaints of prohibited retaliation. Anonymous complaints will be taken seriously and investigated. However, the ability to investigate or extent of the investigation may be limited by the inability to follow-up with the complaining party. Making a complaint is not limited to the person who was the target of the harassment or retaliation. (1 2) 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 responsibility to investigate harassment charges to another competent person, including an outside investigator. 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 3) 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. (4) An immediate supervisor or Department Head receiving a complaint of harassment shall immediately report it to the Assistant City Manager, or the City Manager if the Assistant City Manager is the alleged harasser. (5) Procedure for Complaints involving City Council Members, Commissions, Committee Members, Other Officials or the City Manager (a) In place of the other reporting options, complaints involving City Council members, commissions, committee members or other officials should be made directly to the City Manager. If the complainant believes the City Manager is also involved in the harassment, the complaint should be made to the City Attorney. If reported to the City Manager, the City Manager shall consult with the City Attorney. For complaints involving City Council members, commissioners, committee members and other officials, the City Resolution No. 2002-06 Exhibit A Page 26 of 33 Manager or City Attorney is hereby authorized to investigate the complaint consistent with this Rule and to retain an outside investigator without need for further authorization from the City Council. If the investigation determines a violation of this Rule occurred, the City Manager shall consult with the City Attorney and the City Manager or City Attorney, as applicable, shall advise the City Council of the results of the investigation. (b) In place of the other reporting options, complaints involving the City Manager should be reported to the City Attorney. The City Attorney is authorized to investigate the complaint consistent with this Rule and to retain an outside investigator without need for further authorization from the City Council. If the investigation determines a violation of this Rule occurred, the City Attorney shall advise the City Council of the results of the investigation. (3 6) 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/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 City Manager is the alleged harasser. (4 7) 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 (10) working days of the event(s) giving rise to the complaint. If a complaint is filed after ten (10) working days, the City shall have the sole discretion to decide whether to investigate the complaint the extent of the investigation of 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. Resolution No. 2002-06 Exhibit A Page 27 of 33 (ii) The City Manager, the Assistant City Manager or a person assigned by the City Manager or the Assistant City Manager, shall investigate complaints or 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 The complainant and the alleged harasser shall be notified to the results of the investigation; and, (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 applicable 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 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 engaged 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”). Resolution No. 2002-06 Exhibit A Page 28 of 33 (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 could 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, 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 employment opportunities, 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 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 (20) 663-4895 (voice) or (202) 663-4399 (TDD). (h) QUESTIONS. Questions regarding this policy should be directed to the Personnel Officer. Resolution No. 2002-06 Exhibit A Page 29 of 33 RULE X VIOLENCE IN THE WORKPLACE (ADOPTED 01/31/02) SECTION 1 – STATEMENT OF POLICY: The City is committed to providing a safe workplace that is free of violence or the threat of violence. In support of this commitment, the City strictly prohibits employees and non- employees, while on City premises or engaged in City-related activities, from behaving in a violent or threatening manner. Under this policy, the City also seeks to prevent workplace violence before it begins and reserves the right to address behavior that reasonably suggests a propensity toward violence, even where actual violence has not yet occurred. Retaliation against a person making a report of workplace violence or cooperating in an investigation of possible workplace violence is also prohibited. SECTION 2 – DEFINITIONS: (a) Workplace violence includes, but is not limited to the following: (1) Fighting or challenging another person to fight, including but not limited to striking, slapping, punching, spitting or physically assaulting; (2) Threats intended to place a person in fear of physical harm or that would cause a reasonable person to be placed in fear of physical harm; (3) Threatening, physically aggressive or violent behavior, such as acts of intimidation, stalking or any activity that attempts to instill fear in others; (4) Other behavior that suggests a propensity toward violence, such as belligerent speech, excessive arguing or swearing, sabotage or threats of sabotage toward City property or a demonstrated pattern of refusal to follow City policies or procedures; (5) Throwing objects with the apparent intent to harm another person or place any person in reasonable fear of harm; (6) Defacing or vandalizing City property; or (7) Except as authorized by the City Manager, bringing any weapon or firearm of any kind onto City property (including parking lots) or while conducting City business. Resolution No. 2002-06 Exhibit A Page 30 of 33 SECTION 3 – REPORTING PROCEDURES: Any employee who witnesses or becomes aware of an instance of workplace violence, as described above, or who is a victim of workplace violence shall notify their immediate supervisor. In the event that the employee’s immediate supervisor is involved, the employee should notify the Assistant City Manager or the City Manager. Any supervisor receiving such a report shall immediately notify the Assistant City Manager or, if the Assistant City Manager is involved in the alleged violence, the City Manager. Instances of prohibited retaliation may be reported in a similar manner. SECTION 4 – INVESTIGATION: All complaints or allegations will be investigated promptly and thoroughly. The Assistant City Manager will be responsible for assuring that an appropriate investigation is completed, except where the Assistant City Manager is alleged to be involved, in which case the City Manager will assure that an appropriate investigation is completed. To the extent possible, the City will endeavor to maintain the confidentiality of the reporting party and the investigation. However, disclosures may be necessary to conduct the investigation, in compliance with due process rights, where legally required or to protect individual safety. The complainant and, if applicable, an accused employee will be advised of the results of the investigation. SECTION 5 – DISCIPLINE OR OTHER ACTION: If the City determines that this policy has been violated, appropriate corrective action will be taken. Corrective action may include discipline, up to and including termination. The appropriate discipline may vary depending on the particular facts and circumstances of the situation. If the violent behavior involves a non-employee, the City will take action in an effort to prevent future occurrences. Corrective action involving commissions, committee members or volunteers may include severing their relationship to the City. Corrective action involving City Council members may include censure by the City Council. Action may be taken under this policy in addition to any available civil or criminal action. Resolution No. 2002-06 Exhibit A Page 31 of 33 RULE XI MISCELLANEOUS PROCEDURES (ADOPTED 07/05/94, AMENDED 10/18/94 AND 04/21/98) 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 2 – 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 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 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 non-disciplinary 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 wages 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. SECTION 3 – INCENTIVE PROGRAM: From time to time, the City Manager may grant an incentive pay award to any employee in recognition for extraordinary work. (a) The City Manager shall determine the amount of incentive pay per employee award. However, in no case shall the incentive pay exceed five percent (5%) of an employee’s base salary. Resolution No. 2002-06 Exhibit A Page 32 of 33 (b) Employees shall be limited to no more than two (2) incentive pay awards each fiscal year. Resolution No. 2002-06 Exhibit A Page 33 of 33