CC RES 2002-005 RESOLUTION NO. 2002 - 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES ADOPTING REVISIONS TO
THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL
RULES AND RESCINDING RESOLUTION NOS. 94-56, 94-
88, 95-72 AND 96-20.
WHEREAS, the City Council is authorized and directed under the
provisions of Chapter 2.46 of the Rancho Palos Verdes Municipal Code to adopt
p p
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 Competitive Service Employee
Personnel Rules, attached hereto as Exhibit A and made a part thereof.
Section 2: Rescinds Resolution Nos. 94-56, 94-88, 95-72 and 96-20, as well as
any other resolutions and policies not consistent with the Competitive Service Employee
Personnel Rules, attached hereto as Exhibit A and made a part thereof.
PASSED, APPROVED and ADOPTED on January 31, 2002.
Ai 44 1,.1. _ irAt
/YAYOR 4 0 f 1
ATTEST:
411, ...ter.,._
CI CLE'K
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. 2002-05; was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on January 31, 2002.
Air i '
(1/4:i /
City Clerk ) ji ----(f '6( ''''
Resolution No. 2002-05
Page 2 of 2
EXHIBIT A
RESOLUTION 2002-06
I
CITY OF RANCHO PALOS VERDES
COMPETITIVE SERVICE EMPLOYEE
PERSONNEL RULES
ADOPTED:
JANUARY 31, 2002
TABLE OF CONTENTS
Page
RULE I DEFINITION OF TERMS 1
RULE II EXCLUSIONS 3
RULE III CLASSIFICATION PROCEDURES 4
SECTION 1 - PREPARATION OF CLASSIFICATION PLAN 4
SECTION 2 -ALLOCATION OF POSITIONS 4
SECTION 3 — CLASS SPECIFICATIONS 4
SECTION 4 — RECRUITMENT 4
SECTION 5 —VETERAN'S PREFERENCE SYSTEM 4
RULE IV PROBATIONARY PERIOD AND PROCEDURES 5
SECTION 1 — OBJECTIVE OF PROBATIONARY PERIOD 5
SECTION 2 — DURATION OF PROBATIONARY PERIOD 5
SECTION 3 —TERMINATION OF INITIAL HIRE PROBATIONARY 5
EMPLOYEE
SECTION 4 — PROCEDURES — REGULAR APPOINTMENT FOLLOWING 5
PROBATIONARY PERIOD
SECTION 5 — REJECTION FOLLOWING PROMOTION 6
RULE V REGULAR COMPENSATION/ PERFORMANCE EVALUATIONS 7
SECTION 1 — INITIAL EMPLOYMENT 7
SECTION 2 — PERFORMANCE EVALUATION 7
SECTION 2 3 — MERIT ADVANCEMENT WITHIN A RANGE 7
SECTION 3 4 — PROMOTIONAL ADVANCEMENT 8
SECTION 4 5 —ACTING PAY 8
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SECTION 5 6 —TOP OF THE RANGE 8
RULE VI OVERTIME COMPENSATION 9
SECTION 1 —WORK SCHEDULE 9
SECTION 2 — OVERTIME COMPENSATION 9
SECTION 1 — COMPENSATORY TIME 9
RULE VII LEAVES 10
SECTION 1 —VACATION LEAVE 10
SECTION 2 —ADMINISTRATIVE LEAVE 12
SECTION 3 — SICK LEAVE 13
SECTION 4 —WELLNESS LEAVE 14
SECTION 5 — BEREAVEMENT LEAVE 14
SECTION 6 —JURY DUTY 14
SECTION 7 — LEAVE OF ABSENCE WITHOUT PAY 15
SECTION 8 — PREGNANCY DISABILITY LEAVE 16
SECTION 9 — MILITARY LEAVE 17
SECTION 10 — PAID HOLIDAY LEAVE 17
SECTION 11 — FAMILY AND MEDICAL LEAVE 19
SECTION 12 — OTHER LEAVE 22
RULE VIII WORKERS' COMPENSATION AND UNEMPLOYMENT INSURANCE 23
SECTION 1 —WORKERS' COMPENSATION AND UNEMPLOYMENT 23
INSURANCE
SECTION 2 — ON-THE-JOB INJURIES 23
Competitive Service Personnel Rules
Page
RULE IX EMPLOYEE EXPENSES 24
SECTION 1 — MILEAGE AND PARKING EXPENSES 24
RULE X TERMINATION PROCEDURES 25
SECTION 1 — RESIGNATION 25
SECTION 2 — LAYOFF 25
SECTION 3 — RETIREMENT 26
RULE XI GRIEVANCE PROCEDURES 27
SECTION 1 — PURPOSE OF GRIEVANCE PROCEDURE 27
SECTION 2 — INFORMAL DISCUSSION OF GRIEVANCE 28
SECTION 3 — FORMAL GRIEVANCE PROCEDURE 28
SECTION 4 — GENERAL PROCEDURES 28
RULE XII DISCIPLINE PROCEDURES 30
SECTION 1 —AUTHORITY TO DISCIPLINE 30
SECTION 2 — CAUSE FOR DISCIPLINE 30
SECTION 3 —TYPES OF DISCIPLINARY ACTIONS 32
SECTION 4 — DISCIPLINARY PROCEDURES 33
SECTION 5 —APPEAL OF DISCIPLINARY ACTIONS 33
SECTION 6 —TIME OF HEARING 34
SECTION 7 — HEARING PROCEDURE 34
SECTION 8 — FINALITY OF CITY MANAGER'S DECISION 35
SECTION 9 — JUDICIAL REVIEW 35
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RULE XIII NON-DISCRIMINATION POLICY 36
SECTION 1 — EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 36
SECTION 2 — POLICY AGAINST HARASSMENT 36
RULE XIV VIOLENCE IN THE WORKPLACE 43
SECTION 1 — STATEMENT OF POLICY 43
SECTION 2 — DEFINITIONS 43
SECTION 3 — REPORTING PROCEDURES 43
SECTION 4 — INVESTIGATION 44
SECTION 5 — DISCIPLINE OR OTHER ACTION 44
RULE XIV XV MISCELLANEOUS PROCEDURES 45
SECTION 1 —TRANSFERS 45
SECTION 2 — RECLASSIFICATION 45
SECTION 3 — RE-EMPLOYMENT LIST 45
SECTION 4 — REINSTATEMENT 45
SECTION 5 —WRITTEN NOTICE 45
SECTION 6 — OUTSIDE EMPLOYMENT 46
SECTION 7 — MANAGEMENT PREROGATIVES 46
SECTION 8 — INCENTIVE PROGRAMS 46
SECTION 9 — SHARED FULL-TIME POSITIONS 47
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Competitive Service Personnel Rules
RULE I
DEFINITION OF TERMS
(ADOPTED 07/05/94, AMENDED 03/15/96, 04/21/98 and 01/31/02)
Whenever used in these Personnel Rules, the following terms shall have the
meanings set forth below:
SECTION 1 — CONTINUOUS EMPLOYMENT/SENIORITY: Total full-time spend
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 — CLASSIFICATION: A position or positions assigned to the same job
title.
SECTION 5 — DAY: Unless otherwise indicated, day means calendar day.
SECTION 5 6 — EMPLOYEE: A competitive service employee as defined in
Municipal Code Section 2.26.040 and compensated through the City payroll who is
either: 1) regularly scheduled to work forty (40) or more hours per week; or, 2) who
shares an existing full-time position with another employee so that the combination of
hours that each employee works totals forty (40) or more hours per week, and who has
successfully completed the probationary period as hereinafter provided in these Rules.
Employee does not include election officials, independent contractors, part-time or
temporary employees or volunteers.
SECTION 6 7 — EVALUATION DATE: The date in which an employee is
scheduled to receive his/her performance review.
(a)The date on which a probationary employee has completed not less than six
(6) months of service within a job classification -' -- = ==- = - - =- '=
(b) The date on which a regular employee has completed one (1) year of service
within a job classification and annually thereafter.
(c) The evaluation a date shall be adjusted as required for any break in service,.
transfer or promotion or a date adjusted in accordance with the merit increase
schedule outlined in Rule V. .
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SECTION 7 8 — EXEMPT EMPLOYEE: An employee whose duties and salary
exempt him/her from the overtime pay provisions of the federal Fair Labor Standards
Act.
SECTION 8 9 — NONEXEMPT EMPLOYEE: An employee who is subject to the
overtime pay and compensatory time off provisions of the federal Fair Labor Standards
Act.
SECTION 9 10 — PERSONNEL OFFICER: The City Manager shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
SECTION 40 11 — PROBATIONARY EMPLOYEE: An employee who is employed
with the City during his/her initial-hire, transfer or promotional probationary period, or
extension thereof.
(a) An initial-hire probationary employee is an employee who (1) is serving a
probationary period, and (2) has not previously been employed by the City, or (3) has
previously been employed by the City but who is re-employed after a break in service.
(b) A transfer probationary employee is a City employee who has been transferred
to an equivalent job classification in different department and who is serving a
probationary period.
(c) A promotional probationary employee is a City employee who has been
promoted to a higher job classification requiring different skills and who is serving a
probationary period.
SECTION 14 12 — PROBATIONARY PERIOD: A period of time not less than six
(6) months as defined in Municipal Code Section 2.46.070, which is an integral part of
the examination, recruiting, testing and selection process of employment. During the
probationary period, an employee is required to demonstrate his/her fitness for the
position to which he/she is tentatively appointed, including promotional or transfer
appointments, by actual performance of the duties of the position.
SECTION 1-2 13 —TERMINATION: The cessation of employment with the City for
non-disciplinary reasons such as, but not limited to, layoff, resignation, or failure to
successfully complete the initial-hire probationary period.
SECTION 14 —WORK DAY: Any day, Monday through Friday, expect holidays,
when City Hall administrative offices are open for business.,
SECTION 4- 15—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 II
EXCLUSIONS
(ADOPTED 07/05/94, AMENDED 01/31/02)
With the exception of Rule VII, Section 7 and 11 (PREGNANCY DISABILITY
LEAVE and FAMILY AND MEDICAL LEAVE), and Rule XIII (NON-DISCRIMINATION
POLICY) and Rule XIV (VIOLENCE IN THE WORKPLACE), employees not included in
the competitive service as defined in Municipal Code Section 2.46.040, as well as
independent contractors, part-time and temporary employees and volunteers are
excluded from these Rules.
In addition to competitive service employees, Rule VI, Section 7 and 11 (PREGNANCY
DISABILITY LEAVE and FAMILY AND MEDICAL LEAVE) and Rule XIV (VIOLENCE
IN THE WORKPLACE) shall apply to part-time employees and temporary employees.
Rule XIII (NONDISCRIMINATION POLICY) and Rule XIV (VIOLENCE IN THE.
WORKPLACE) shall apply to all City agents, employees, including probationary, part-
time, managers, supervisors and job applicants.
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RULE III
CLASSIFICATION PROCEDURES
(ADOPTED 07/05/94, AMENDED 01/31/02)
SECTION 1 — PREPARATION OF CLASSIFICATION PLAN: The City Manager
shall prepare, maintain and amend the classification plan. The classification plan shall
contain job specifications for job classifications for positions covered by these Rules.
SECTION 2 —ALLOCATIONS OF POSITIONS: The City Manager shall allocate
every competitive service position in the City service to one of the classifications
established by the classification plan and shall allocate all positions substantially
similar to the same classification.
SECTION 3 — CLASS SPECIFICATIONS: The classification plan shall consist of
job specifications, which shall set forth a descriptive title, typical duties and
responsibilities, essential functions of the position, and the training, experience, and
other qualifications necessary or desirable for the effective performance of each
position within a classification.
SECTION 4 — RECRUITMENT: Recruitment and appointment to positions within
the classified service shall be accomplished according to procedures established by
the City Manager, consistent with the requirements of the Municipal Code, these Rules
and applicable law.
SECTION 5 —VETERANS' PREFERENCE SYSTEM: The recruitment
procedures utilized for entry level positions involving first-time employment within the
classified service of the City shall include a Veterans' Preference System giving
preference to a veteran over other identically qualified applicants. Normally, this will
involve the awarding of one or more veteran credit points to a qualified veteran who
meets the minimum requirements of the position and who passes all portions of the
testing or examination process. The procedures may require applicants to request
veterans'_jreference consideration in conjunction with their applications and to timely
submit documents or other proof sufficient to determine eligibility. The procedures,
requirements and definitions used in the Veterans' Preference System shall be
consistent with those provided in any applicable law involving Veterans Preference
Systems for California cities.
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RULE IV
PROBATIONARY PERIOD AND PROCEDURES
(ADOPTED 07/05/94, AMENDED 01/31/02)
SECTION 1 — OBJECTIVE OF PROBATIONARY PERIOD: The probationary
period shall be regarded as part of the selection and evaluation process. The City shall
closely observe the probationary employee's work performance during the probationary
period.
SECTION 2 — DURATION OF PROBATIONARY PERIOD: All initial-hire and
promotional appointments shall be tentative and subject to a probationary period of not
less than six (6) months actual service. The City Manager may extend a probationary
period up to six (6) additional months of actual service. Wherever possible, the City
Manager shall give the probationary employee written notice of the extension of the
probationary period ten (10) days before its expiration. The written notice shall state
the reason for the extension. Failure to give the probationary employee notice of the
extension prior to the expiration of the initial probationary period shall automatically
extend the period. The length of the automatic extension without a written notice shall
not exceed a period over thirty (30) days.
SECTION 3 —TERMINATION OF INITIAL HIRE PROBATIONARY EMPLOYEE:
During or at the conclusion of the initial-hire probationary period, or any extension
thereof, the City Manager, after consultation with the probationary employee's
Department head, where practical, may terminate an initial hire probationary employee
without cause, and without a hearing or right of appeal.
SECTION 4 — PROCEDURES — REGULAR APPOINTMENT FOLLOWING
PROBATIONARY PERIOD: The City Manager shall be notified in writing two (2) weeks
prior to the expiration of any probationary period. After consultation with the
probationary employee's Department Head and immediate supervisor, the City
Manager shall determine whether:
(a) The initial-hire probationary employee shall become a regular employee,
(b) The initial-hire probationary employee shall be terminated or discharged,
(c) The transfer probationary employee's transfer shall be confirmed,
(d) The transfer probationary employee's transfer shall be rejected, or
(e) The promotional probationary employee's promotion shall be confirmed,
(f) The promotional probationary employee's promotion shall be rejected, or
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Competitive Service Personnel Rules
(g) The employee's initial, transfer or promotional probationary period shall be
extended.
SECTION 5 — REJECTION FOLLOWING TRANSFER OR PROMOTION: Any
probationary employee rejected during or at the conclusion of a probationary period
following a transfer or promotional appointment shall be reinstated to the position from
which the employee was promoted unless (a) charges are filed and the employee is
dismissed from employment in the manner provided in these Rules, (b) there is no
vacancy in such position, or (c) the employee is terminated from employment due to a
layoff or other basis. If there is no vacancy, the employee may request to be placed on
a reemployment list.
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RULE V
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 Resolution of the City Council. Each range spread shall be approximately thirty
percent (30%) 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 — PERFORMANCE EVALUATION: A probationary employee shall
receive a probationary performance evaluation at the conclusion of the probationary
period, or any extension thereof. Each regular employee shall receive a performance
evaluation after completing one (1) year of service within a job classification and.
annually thereafter. The evaluation date shall be adjusted as required in Rule I by any
break in service, transfer or promotion.,
SECTION 2 3 — MERIT ADVANCEMENT WITHIN A RANGE: The only reason for
advancement within a range shall be meritorious performance in an employee's
assigned duties:
(a) Except as allowed in this section, probationary employees will not be eligible
for merit advancement at the conclusion of the probationary period.
(b) Meritorious performance shall be determined by the overall rating on the
employee's performance evaluation.
(c) 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.
(d) An employee may be advanced within his/her range in accordance with the
merit pay program determined annually by the City Manager.
(e) All proposed advancements shall be recommended by the Department Head
and approved by the City Manager before becoming effective. The City Manager shall
make a final determination on all proposed merit increases based upon the overall
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Competitive Service Personnel Rules
rating on the employee's evaluation, the Department Head's recommendation and the
funds available in the City Manager's merit pool.
(f) 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, following recommendation by the
Department Head, without regard to the minimum length of service provisions
contained in this section. Advancements under this section shall not change the
employee's regular evaluation date.
SECTION 3 4 — PROMOTIONAL ADVANCEMENT: When an employee is
promoted from employment in one classification to employment in a classification
assigned a higher range, advancement shall be to a level within the higher
classification as will accord such employee an increase of at least five percent (5%)
over his/her current rate of compensation, provided that the salary does not exceed the
maximum of the range.
SECTION 4 5 —ACTING PAY: An employee who, by written assignment by
his/her Department Head or the City Manager, performs the duties of a position with a
higher salary classification than that in which he/she is regularly employed, shall
receive compensation specified for the position to which he/she is assigned if he/she
performs the duties for a period of one (1) calendar month or more. The employee
shall be compensated at a level within the higher classification as will accord such
employee an increase of at least 5 percent (5%) over his/her current rate of
compensation, provided that the salary does not exceed the maximum of the range.
Such compensation shall be retroactive to the first day of the assignment through the
duration of the assignment.
SECTION 5 6 —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.
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RULE VI
OVERTIME COMPENSATION
(ADOPTED 07/05/94, AMENDED 07/18/95 and 01/31/02)
SECTION 1 —WORK SCHEDULE: When necessary to perform essential work,
nonexempt employees and nonexempt probationary employees may be required to
work at a time other than during, or in excess of, forty (40) hours in the work week.
(a) Overtime shall be defined as any combination of actual hours worked and paid
vacation leave, compensatory time and sick leave which exceeds forty (40) hours in
any work week, except that overtime or compensatory time shall not be earned on the,
same work day that an employee uses paid leave.
(b) Work in excess of forty (40) hours in the workweek requires written approval of
the nonexempt employee's Department Head or the City Manager. Whenever
possible, the employee shall obtain the Department Head's or the City Manager's
written approval in advance.
SECTION 2 — OVERTIME COMPENSATION: Nonexempt employees and
nonexempt probationary employees shall receive overtime compensation or
compensatory time off in accordance with the federal Fair Labor Standards Act.
Accordingly, nonexempt employees and nonexempt probationary employees shall be
paid one and one-half(1 '/) times their regular hourly rate of pay or receive
compensatory time off at one and one half (1 '/2) hours for all hours worked in excess
of forty (40) in the work week.
SECTION 3 — COMPENSATORY TIME: Nonexempt employees and nonexempt
probationary employees may elect to be credited with compensatory time off in lieu of
paid overtime at the time such overtime is recorded. Such compensatory time shall be
at the rate of one and one half(1 '/Z) hours for each hour of overtime worked.
Compensatory time may not be accumulated to exceed forty (40) hours.
(a) The taking of all compensatory time off shall first be approved by the
nonexempt employee's or nonexempt probationary employee's Department Head or
the City Manager and shall be granted in accordance with the work force needs of the
City and the federal Fair Labor Standards Act.
(b) Compensatory time may be used for medical appointments.
(c) Compensatory time may be used for pregnancy disability leave and other
leave provided pursuant to the federal and California family and medical leave statutes.
(d) Upon termination or dismissal from employment, employees and probationary
employees shall be paid for accumulated compensatory time up to a maximum amount
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which may be accumulated under the provisions of these Rules, in accordance with
federal and state law.
I
I
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RULE VII
LEAVES
(ADOPTED 07/05/94, AMENDED 07/18/95 and 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 from the classified service on an acting assignment, an
independent consultant or a temporary 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
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 per year
(b) After completion of the initial-hire probationary period, the employee will be
credited with vacation leave earned during the probationary period. The employee
shall be entitled to take such leave upon the completion of the initial-hire probationary
period or extension thereof. However, an initial-hire probationary employee may utilize
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Competitive Service Personnel Rules
accrued vacation leave prior to the completion of the probationary period with the
written approval of the City Manager.
(c) Vacation leave may be accumulated to a maximum of two year's worth of
accrued vacation leave. Once an employee reaches the maximum vacation leave
which may be accumulated, the employee shall cease to accrue any further vacation
leave until the amount accumulated falls below the maximum.
(d) The scheduling of vacation leave must be approved in advance by the
employee's Department Head or the City Manager. Employees shall submit a written
request to schedule vacation leave to the employee's Department Head or the City
Manager within a reasonable amount of time prior to the desired date and shall may be
granted in accordance with the work force needs of the City.
(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 employee's Department Head and the City Manager due to the work force
needs of the City, not less than thirty (30) days prior to exceeding the maximum
accrual.
(f) Employees shall not be granted, and accordingly are not entitled to take
vacation leave in advance of its accrual.
(g) Upon termination or dismissal from employment, employees and probationary
employees shall be paid for accumulated vacation leave up to a maximum amount,
which may be accumulated by these Rules.
(h) Vacation leave may be used for medical appointments, pregnancy disability
leave and leave pursuant to the federal and California family and medical leave
statutes.
SECTION 2 —ADMINISTRATIVE LEAVE:
(a) Exempt employees may be granted up to sixty-two (62) seven-(7) hours of
administrative leave days--e#per fiscal year at the sole discretion of the City Manager.
(b) The scheduling of administrative leave must be approved in advance by the
City Manager or his/her designee. Exempt employees shall submit a written request to
schedule administrative leave to the City Manager of his/her designee 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.
(c) Administrative leave may not be accumulated to the next fiscal year.
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Competitive Service Personnel Rules
(d) Upon termination or dismissal from employment, exempt employees or exempt
probationary employees shall not be granted and accordingly are not entitled to be paid
for administrative leave.
(e) Exempt probationary employees are eligible to use administrative leave if
granted by the City Manager of his/her designee during their probationary period.
(0 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 and probationary employees earn paid sick leave at the rate of
eight (8) hours for each full calendar month on continuous employment with the City
including time served in probationary status.
(b) Initial-hire Probationary employees are eligible to use paid sick leave during
their probationary period.
(c) Unused sick leave may be accumulated to a maximum of seven hundred and
twenty (720) hours.
(d) In order to receive paid sick leave, an employee or probationary employee
must notify his or her supervisor at the earliest possible time, generally before 8:30
a.m. on the day that the leave will be used. Such notice shall provide the fact and the
reason for the leave and duration of the leave. Failure to provide reasonable notice will
be cause for denial of sick leave with pay for the period of the absence. Written
verification of the cause of absence may be required by the Department Head or City
Manager.
(e) Employees and probationary employees shall not be granted, and accordingly
are not entitled to take paid sick leave in advance of its accrual.
(f) Employees and probationary employees who use more than five (5) 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.
(g) Sick leave may be used for medical appointments, pregnancy disability leave,
leaves provided pursuant to the federal and California family and medical leave
statutes and to care for an employee's spouse, child(ren), parent(s) or spouse's
child(ren) or parent(s) due to illness.
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(h) Upon termination or dismissal from employment, employees and probationary
employees shall not be granted, and accordingly are not entitled to be paid for
accumulated sick leave.
(I) This section shall be interpreted and applied in a manner consistent with
applicable federal and California law.
SECTION 4 —WELLNESS LEAVE: Employees and probationary employees are
eligible to earn four and one half(4 %/2) hours 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.
(b) A maximum of one (1) day nine (9) hours of wellness leave may be
accumulated.
(c) Upon termination or dismissal from employment, employees and probationary
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 or probationary employee may use at
his/her discretion, but is granted by reason of the death of a member of the employee's
or probationary employee's immediate family, consisting of an employee's or
probationary employee's spouse and employee's or probationary employee's or their
spouse's child, parent, sibling, stepparent, stepchild and grandparent. An employee or
probationary employee may take a maximum of three (3) working days of bereavement
leave each time when a death occurs within an employee's or probationary employee's
immediate family. In order to receive paid bereavement leave, the employee or
probationary employee must notify his/her supervisor Department Head or the City
Manager at the earliest possible time, generally before 8:30 a.m. Tithe day that the
leave is first requested,. In the event the employee or probationary employee must
travel out of state in connection with the bereavement, the employee or probationary
employee shall be allowed to use the equivalent of two (2) additional working days of
•_ -_ . - .• _ : :. ': • : `a' : _ • -_ bereavement leave for each incident.
SECTION 6 — JURY DUTY:
(a) Employees and probationary employees called for jury duty shall give his/her
Department Head or the City Manager reasonable advance written notice of the
obligation to serve.
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(b) Employees and probationary employees will be paid their regular wages, less
jury duty pay (other than mileage or subsistence allowances) or may elect to forfeit 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 and probationary employees shall continue to report to work on
those days when excused from jury duty, and on which the employee or probationary
employee can work at least four (4) hours during his/her regular workday.
SECTION 7 — LEAVE OF ABSENCE WITHOUT PAY: The City Manager, after
consultation with the employee's or probationary employee's Department Head, may
grant an employee or probationary employee leave of absence without pay for a period
not to exceed four (4) months in accordance with the work force needs of the City.
Additionally, the City Manager may apply such conditions as he/she deems warranted
in the best interest of the City. No such leave shall be granted except upon written
request of the employee or probationary employee. Leave under this section shall only
be granted to an employee or probationary employee under circumstances where the
employee or probationary employee is not otherwise eligible for pregnancy disability
leave or family and medical leave as provided under applicable law and Sections 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
or probationary employee on leave to report to work promptly at its expiration may be
cause for discharge.
(c) An employee or probationary 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 or
probationary employee (including dependent coverage) while the employee or
probationary employee is taking a medical leave of absence under this section at the
level and under the conditions coverage would have been provided by the City if the
employee or probationary employee had not taken such leave. In the event an
employee or probationary employee does not return to work following the leave, the
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City reserves the right to recover the premiums or other sums the City paid for group
health insurance coverage during the period of the leave.
(e) The employee or probationary employee is responsible to pay the entire cost
of the 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 or probationary 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 or probationary employee shall furnish the Personnel
Officer a physician's certificate stating that the employee is able to return to work.
SECTION 8 — PREGNANCY DISABILITY LEAVE:
(a) An employee or probationary employee who is temporarily disabled and
unable to work due to pregnancy, childbirth and related medical conditions may take a
leave of absence without pay for up to four (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.
(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 or probationary employee shall provide as much advance notice
of the need for pregnancy disability leave as practicable. Generally, the employee or
probationary employee shall provide at least thirty (30) days' advance notice.
(d) An employee or probationary 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 or probationary
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 or probationary employee who took
pregnancy disability leave must provide the City Manager with a certificate from a
health care provider that the employee's or probationary employee's disability has
ceased and the person is able to return to work.
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(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 or probationary 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 or probationary employee shall be reinstated to her
original job. If the employee or probationary employee +c 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 or probationary employee reinstated to her original job position
after a pregnancy disability leave of absence shall receive the same step in the salary
cange that she received when the leave of absence began. If the time spent on such
leave was without pay, the time shall not count toward service for increases within the
salary range 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 or
probationary employee (including dependent coverage) while the employee or
probationary employee is taking pregnancy disability leave at the level and under the
conditions coverage would have been provided by the City if the employee or
probationary employee had not taken the leave. In the event an employee or
probationary employee does not return to work following a pregnancy disability leave,
the City reserves the right to recover the premiums or other sums the City paid for
group health insurance coverage during the period of the leave.
(k) This section shall be interpreted and applied in a manner consistent with
applicable federal and California law.
SECTION 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, nonexempt employees and
nonexempt probationary (new-hire, transfer and promotional) employees shall receive
paid leave at his/her straight hourly rate for the following designated City holidays:
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(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 or other non-work days excepted); and
(7) One day as a floating holiday, which shall be designated yearly by
the City Manager.
(b) Exempt employees and exempt probationary employees shall receive paid
leave for the designated City holidays outlined in Section 9(a) above. At his/her
discretion, the City Manager may grant extra compensation or in lieu time off to exempt
employees and exempt probationary employees who are required to work on a holiday.
(c) If July 4th falls upon a Saturday, the Friday before is the observed holiday, and
if the date falls upon a Sunday, the Monday following is the observed holiday.
(d) In order to be eligible for holiday pay, an employee or probationary employee
must work the last scheduled workday before and the first scheduled workday after the
holiday unless the employee or probationary employee is taking approved paid leave.
(e) If a holiday falls during an employee's or probationary employee's approved
vacation leave period, the employee or probationary 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 or probationary employee's approved
sick leave period, the employee or probationary employee will be paid for the holiday
and will not be charged with a sick day for the day the holiday is observed.
(g) Employees and probationary employees on non-paid leave of absence for any
reason are ineligible for holiday benefits for holidays that are observed during the
period they are on a non-paid leave of absence.
(h) Regardless of the number of hours worked during the work week, nonexempt
employees and nonexempt probationary employees who work on a designated City
holiday shall be paid their regular hourly rate and one and one half (1 '/2) times their
regular hourly rate of pay for all hours worked on the holiday or receive credit for the
equivalent number of hours worked of compensatory time off and one and one half(1
1/2) hours of compensatory time off for all hours worked on the holiday.
(i) Upon termination or dismissal from employment, employees and probationary
employees shall not be granted: and accordingly are not entitled to be paid for a
floating holiday.
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SECTION 11 — FAMILY AND MEDICAL LEAVE:
(a) All employees or probationary 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 or probationary employee
through adoption or a foster care program.
(3) To care for the employee's or probationary 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 or probationary
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 or probationary employee shall be entitled to take an
unpaid leave of up to twelve (12) work weeks during any rolling twelve (12) month
period for the purposes listed above. An employee or probationary 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 or probationary 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 or probationary 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 or probationary employee married to another employee or
probationary employee at the City is entitled to an aggregate amount of family and
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medical leave that does not exceed twelve (12) work weeks when added to the family
and medical leave taken by the employee's or probationary 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 or
probationary 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 or
probationary 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 or probationary employee had not taken the leave. In the event an
employee or probationary 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 or
probationary 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 or probationary employee shall provide as much advance
notice of the need for leave as practicable. Generally, when the need for leave is
foreseeable, the employee or probationary 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 or probationary employee takes leave for planned medical
treatment of a spouse, child or parent, a spouse's child or parent or of the employee or
probationary employee, the employee or probationary 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
condition, An employee or probationary 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;
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(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 or probationary 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
(k) . .
for a medical leave for the employee's own serious health condition. For requests
involving the employee's or probationary 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 or probationary 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 or probationary employee's ability to perform his/her job,
duties.
(I) 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 or probationary employee shall be reinstated to the same or an
equivalent position held when the leave commenced. If the employee or probationary,
employee cannot be 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.
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(n) Prior to returning to work, an employee or probationary 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 or probationary
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 otherwise required by law
or these Rules, but employees may use otherwise applicable paid-leave benefits to
remain in paid status.
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RULE VIII
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, probationary employees and part-time employees, but
not 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 Department Head or City Manager.
Unless there is an emergency, a City referral slip form must be obtained from the
Personnel office before visiting a doctor. Upon returning to work from all on-the-job
injuries, employees and probationary employees must have an approved slip return to
work certificate signed by the attending doctor.
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RULE IX
EMPLOYEE EXPENSES
(ADOPTED 07/05/94, AMENDED 01/31/02)
SECTION 1 — MILEAGE AND PARKING EXPENSES: An employee or
probationary 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 il and actual parking expenses.
(a) All claims for mileage and parking reimbursement shall first be approved in
writing by the employee's or probationary employee's Department Head or the City
Manager, and shall be filed on forms and in accordance with the procedures
established by the City Manager.
(b) Employees and probationary employees using their personal car 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.
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RULE X
TERMINATION PROCEDURES
(ADOPTED 07/05/94, AMENDED 01/31/02)
SECTION 1 — RESIGNATION:
(a) In order to resign in good standing, an employee or probationary 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 or probationary employee who is absent from work voluntarily or
involuntarily for more than eight (8) nine (9) 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 as of the last day worked.
SECTION 2 — LAYOFF: Whenever in the judgement of the City Council it
becomes necessary in the interest of economy, because the necessity for a position no
longer exists or other legitimate purpose, the City Council may abolish any position in
the competitive service; and the employee or probationary employee holding such
position for employment may be laid off without taking disciplinary action and without
the right of appeal.
(a) The order of the layoff of employees and/or probationary employees shall be
established by the City Manager on the recommendations of the Department Head(s)
involved. Employees and or probationary employees will be laid off from the affected
layoff unit (department or classification) in accordance with performance, seniority,
attendance and their ability to perform the remaining work available without further
training. When, in the opinion of the City Manager, two or more employees and/or
probationary employees have relatively equal performance records, experience, skill,
ability and qualifications to do the remaining work without further training, the
employee(s) and or probationary employee(s) with the least seniority will be laid off
first.
(b) Employees or probationary employees to be laid off shall be given at least ten
(10) working days prior notice or equivalent pay if laid off immediately.
(c) An employee or promotional probationary employee who is subject to layoff
may request a reduction to a lower job classification within the same occupational
series in the layoff unit provided the employee ,promotional probationary employee or
transfer probationary employee possesses seniority, an acceptable performance and
attendance record, and has the ability to perform the remaining work available without
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further training. The reduction shall be made only in cases where there is a vacant
position in the layoff unit.
(d) The names of employees and probationary employees laid off or demoted in
lieu of layoff shall be placed on a re-employment lists for those job classifications
requiring basically the same qualifications, duties and responsibilities of the class from
which the layoff or demotion in lieu of layoff was made as established in Rule XIV,
Section 3.
SECTION 3 —RETIREMENT: The City shall pay the full 7%of any employee's or
probationary employee's contribution to the California Public Employees Retirement
System (CPERS).
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RULE XI
GRIEVANCE PROCEDURES
(ADOPTED 07/05/94)
SECTION 1 — PURPOSE OF GRIEVANCE PROCEDURE:
(a) The grievance procedure shall be used to resolve employee or probationary
employee complaints concerning the express terms and condition of employment with
the City. Except for oral warnings and written reprimands, the grievance procedure
shall not be used for resolving any complaint concerning disciplinary action.
(b) Except as otherwise provided in these Rules, the grievance procedure may be
utilized to resolve alleged:
(1) Improper application of rules, regulations and procedures;
(2) Unfair treatment, including coercion, restraint and reprisal;
(3) Improper procedures utilized in employee layoff;
(4) Discrimination because of race, color, religion, creed, sex, sexual
orientation, pregnancy, national origin, ancestry, age (40 and over), marital status,
disability, alienage, citizenship status or medical condition (cancer-related); or because
of any other statutorily or constitutionally impermissible basis.
(5) Any manner affecting an employee's or probationary employee's:
a. Work schedule;
b. Fringe benefits;
c. Holidays;
d. Vacation;
e. Sick Leave;
f. Retirement;
(6) Any other matter regarding the terms and conditions of employment.
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SECTION 2 — INFORMAL DISCUSSION OF GRIEVANCE:
(a) When an employee or probationary employee has a grievance, the employee
or probationary employee shall first informally discuss the matter with the employee's
or probationary employee's immediate supervisor within five (5) business working days
from the date of the incident or decision generating the grievance. If, after a discussion
with the immediate supervisor, the grievance has not been satisfactorily resolved, the
employee or probationary employee shall have the right to informally discuss the
grievance with the supervisor's immediate superior. The informal discussion with the
supervisor's immediate superior shall occur within ten (10) business working days from
the date of the incident or decision generating the grievance. If, after such a
discussion, the grievance has not been satisfactorily resolved, the employee or
probationary employee shall have the right to file a formal grievance.
(b) If an employee's or probationary employee's grievance is with his or her
immediate supervisor or the supervisor's immediate superior, and such employee or
probationary employee reasonably believes that such grievance will not be resolved at
that level, he/she may proceed to the next step of the grievance procedure.
SECTION 3 — FORMAL GRIEVANCE PROCEDURE: The formal grievance
procedure shall be used to resolve an employee's or probationary employee's
grievance not satisfactorily resolved by informal discussion or otherwise allowed by this
Rule.
(a) An employee or probationary employee shall have the right to present a formal
grievance in writing to the City Manager within fifteen (15) business working days from
the date of the incident or decision generating the grievance. All formal grievances
shall state the reasons for the complaint and the employee's suggested solution.
(b) A formal grievance shall be timely presented to the City Manager. When the
employee or probationary employee presents a formal grievance to the City Manager,
the City Manager shall discuss the grievance with the employee or probationary
employee. Within fifteen (15) business working days after receipt of the formal
grievance, the City Manager shall render a written decision. The decision of the City
Manager shall resolve the grievance and no further review of the subject matter of the
grievance shall be permitted.
SECTION 4 — GENERAL PROCEDURES:
(a) The employee or probationary employee and the City have the right to
representation at any step in the grievance process.
(b) Any grievance not filed or taken to the next step by the employee or
probationary employee within the specified time limits shall be deemed settled on the
basis of the last decision, and not subject to further reconsideration. By mutual
agreement and for good cause, reasonable extensions of time may be given in writing
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to the employee or probationary employee by the City Manager at any step in the
grievance procedure.
(c) An employee or probationary employee who has filed a grievance shall suffer
no discrimination for filing the grievance.
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RULE XII
DISCIPLINE PROCEDURES
(ADOPTED 07/05/94, AMENDED 01/31/02)
SECTION 1 —AUTHORITY TO DISCIPLINE: The City Manager, Assistant City
Manager and Department Heads are authorized to take disciplinary action regarding
employees under their control in accordance with, and within the limits of, these Rules.
Every supervisor shall assist his/her superiors in achieving sound discipline and
acceptance by that employee of the corresponding duties and responsibilities,
including those disciplinary in nature.
SECTION 2 — CAUSE FOR DISCIPLINE: Each of the following constitutes cause
for discipline of any employee. It is the intent of these Rules to include as a cause for
discipline any action or non-action by an employee which impedes or disrupts the
performance of the City and its organizational component units, is detrimental to
employees or public safety, violates properly established rules and procedures or
adversely affects the reputation of the City, its officers or employees. Examples of
causes for discipline include, but are not limited to:
(a) Any violation of any written rule or regulation promulgated by City related to
conduct or performance.
(b) Fraud in securing appointment.
(c) Incompetence.
(d) Inefficiency.
(e) Neglect of duty.
(f) Dishonesty or lying to a supervisor or superior.
(g) Violation of any law relating to conflicts of interest, whether contractual or
financial
(h) Use, possession, purchase, sale, manufacture, distribution, transportation or
dispensation of controlled substances or alcohol while on duty or on City premises,
except for the use of prescribed controlled substances (1) as directed by the licensed
health care provider prescribing controlled substances and in accordance with the
manufacturer's directions, and (2) in a manner not otherwise in violation of these
Rules.
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(i) The use of any substance, controlled or purchased over-the-counter, which
impairs the employee's performance of his/her duties.
(j) Unexcused absences.
(k) Conviction of a felony or conviction of a misdemeanor involving moral
turpitude. A plea or verdict of guilty or nolo contendere to a charge of a felony or any
offense involving moral turpitude is deemed to be a conviction within the meaning of
this section.
(I) Defrauding the City by making a false claim for compensation, benefits or
reimbursements.
(m) Making a false Worker's Compensation Claim against the City.
(n) Improper political activity which prevents the employee or other employees
from the efficient performance of employment with the City, or which has a disruptive
effect on the efficiency or integrity of the City service of the department in which such
employee is employed.
(o) Failure or refusal to cooperate with supervisory personnel or other employees.
(p) Misuse or misappropriation of City property or funds.
(q) Gambling for money or articles of value on City property or during working
hours.
(r) Tardiness.
(s) Abuse of sick leave privileges.
(t) Excessive absenteeism, which impairs the City's ability to provide, services or
function effectively or efficiently.
(u) Refusal to take and subscribe any oath or affirmation which is required by law
or these Rules in connection with his/her employment.
(v) Refusing to report on official call of emergency.
(w) Violation of departmental rules and regulations.
(x) Intentionally misrepresenting information or facts in any statement, declaration
or affidavit duly required of an employee.
(y) Failure or refusal to carry out an order of directive of a supervisor.
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(z) Asking, receiving or agreeing to receive any bribe, gratuity or reward of any
kind upon any understanding that any employee's action shall be influenced thereby, or
shall be given in any particular manner, or upon any particular question or matter upon
which any employee may be required to act in the employee's capacity; or attempting
by menace, deceit, suppression of truth, or any corrupt means to influence any
employee to commit any act, conduct or omission which is clearly inconsistent,
incompatible, in conflict with, or inimical to the best interests of the City.
(aa) Failure to observe or comply with safe working standards, to endanger, to
injure, or to damage public property or the private property of any employee or member
of the public through negligent, improper or careless conduct or use of equipment; or to
permit such actions on the part of any employee under his/her supervision or control.
(bb) Conduct disrespectful to the public, elected and appointed City officials,
supervisors, superiors, Department Heads, City Manager, Assistant City Manager or
members of City boards and commissions.
In the event that the City imposes disciplinary action for cause, including but not
limited to any of the above acts or omissions, the employee shall have the right to
contest or seek review of the disciplinary action of the basis thereof, in accordance with
procedures set forth in Sections 5,6,7,8, and 9 of this Rule.
SECTION 3 —TYPES OF DISCIPLINARY ACTION: Disciplinary actions include
reprimands, suspensions, demotions, reductions in pay and dismissal, as defined
below:
(a) Verbal Reprimand. An oral warning that may be given to the employee in the
event that a deficiency in performance or conduct is not of sufficient magnitude to
warrant a more formal disciplinary action. A written record may be made of such
conferences and placed in the employee's personnel file with a copy provided to the
employee. Verbal reprimands are not subject to appeal. However, the employee has
the right to place in his/her personnel file a written response or rebuttal to any written
record of verbal reprimand, provided that such response or rebuttal is submitted for
inclusion in the file within thirty (30) calendar days of the employee's receipt of the
written record.
(b) Written Reprimand. A written statement relating to an action or omission which
meets any of the ground for disciplinary action listed in these Rules, indicating that
there is cause for dissatisfaction with the employee's services and that further
disciplinary measures may be taken if the cause is not corrected. The written
statement shall be placed in the employee's personnel file, with a copy provided to the
employee. Written reprimands are not subject to appeal. However, the employee has
the right to place in his/her personnel file a written response or rebuttal to any written
statement, provided that such response or rebuttal is submitted for inclusion in the
personnel file within thirty (30) calendar days of the employee's receipt of the written
statement.
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(c) Suspension. The temporary separation of the employee from City service
without pay for disciplinary purposes for a period not to exceed thirty (30) calendar
days per occurrence.
(d) Demotion. A change in employment status from one position to another having
a lower rate of pay and/or change in duties which are allocated to a class having a
lower maximum rate of pay for disciplinary reasons. The disciplinary demotion may be
temporary or permanent.
(e) Reduction in Pay. A change in the salary step of an employee to a lower step
rate within the same salary range for disciplinary reasons.
(f) Dismissal. The discharge of the employee from City service for disciplinary
reasons. Discharge and dismissal are used interchangeably in these Rules.
SECTION 4 — DISCIPLINARY PROCEDURES:
(a) When an employee is to be suspended, demoted, reduced in pay or
dismissed, a preliminary written notification shall be provided to the employee. The
written notice shall include:
(1) The charges against the employee and reasons for the proposed
disciplinary action to be taken;
(2) The proposed disciplinary action to be taken;
(3) Copies of the charges and materials on which the proposed action is
based; and,
(4) A statement advising the employee that, before any proposed
disciplinary action takes effect, the employee or his/her representative has the right to
respond orally or in writing within five (5) working days from the employee's receipt of
the written notice.
(b) Within ten (10) working days after the employee has had the opportunity to
respond, the employee shall be notified in writing of any disciplinary action to be taken
and the effective date of such disciplinary action.
SECTION 5 —APPEAL OF DISCIPLINARY ACTIONS: An employee who has
been suspended, demoted, reduced in pay or dismissed for disciplinary reasons, may
appeal the disciplinary action.
In order to appeal the disciplinary action, the employee must file a written notice of
appeal with the City Manager for a hearing within ten (10) working days after having
been furnished with a copy of the notice of disciplinary action.
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SECTION 6 —TIME OF HEARING: The hearing on the employee's appeal shall
be conducted within ninety (90) calendar days after the employee's filing of the written
notice of appeal with the City Manager. The time limit may be extended by the City
Manager for good cause and by agreement of the employee and the City Manager.
SECTION 7 —HEARING PROCEDURE: The following procedure shall govern
hearings on appeals of disciplinary action:
(a) The City Manager shall conduct the hearing. If the City Manager files the
written statement to discipline an employee that works directly for the City Manager,
then the Deputy Assistant City Manager shall conduct the hearing.
(b) Hearings shall be conducted in the manner most conducive ewe to
determination of the truth, and the City Manager shall not be bound by technical rules
of evidence. Decisions made shall not be invalidated by informality in the proceedings.
(c) The City Manager shall make arrangements to have the hearing transcribed or
recorded to preserve the proceedings and testimony. The employee may obtain a
copy of the transcript or recording upon request.
(d) The City Manager shall determine the relevancy, weight and credibility of all
testimony and evidence.
(e) The City Manager shall base his/her findings and decision on the
preponderance of the evidence presented.
(f) The Department Head shall have the burden of proof. Each side will be
permitted an opening statement and closing argument. The Department Head shall
first present its witnesses and evidence to support the charges and disciplinary action.
The employee shall then present his/her witnesses in defense. The Department Head
may thereafter present witnesses and evidence in rebuttal.
(g) Each side will be allowed to examine and cross-examine witnesses. All
witnesses shall testify under oath. The City Manager may question any witness.
(h) Both the Department Head and the employee may be represented by a
designee or by legal counsel. The City Manager may obtain the legal advice of the
City Attorney in performing the function of the hearing officer.
(i) The City Manager shall, if requested by either side, subpoena witnesses and/or
require the production of documents or other material evidence.
(j) The City Manager may, during a hearing, grant a continuance for any reason
believed to be important to the reaching of a fair and proper decision.
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(k) Within thirty (30) calendar days after the conclusion of the hearing, the City
Manager shall prepare and serve on both sides a written decision setting forth the
charges found to be sustained, and the reasons therefore, and the propriety of the
disciplinary action imposed. The City Manager may sustain, reject or modify the
disciplinary action imposed. If the City Manager sustains the employee, all or part of
any loss of the employee's full compensation may be ordered restored.
SECTION 8 — FINALITY OF CITY MANAGER'S DECISION: The decision of the
City Manager shall be final and conclusive.
SECTION 9 —JUDICIAL REVIEW: Any legal action to challenge any decision of
the City Manager must be filed in a court of competent jurisdiction no later than ninety
(90) calendar days following the date the City Manager's written decision becomes final
as provided in California Code of Civil Procedure Section 1094.6.
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RULE XIII
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.
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(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 e-r 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 and 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 Ghallenged even if the
complainant is not the specific intended target of the conduct.
(4) The following is a partial list of the types of conduct that may
constitute unlawful harassment:
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(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
(h) Gender harassment and harassment based on
pregnancy, childbirth, or related medical conditions.
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(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.
(4 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 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.
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(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 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.
(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;
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(d) Prepare a written report regarding the findings and
conclusions reached. The report shall be furnished to the complainant, the alleged
. _ _• . _ . _ : - ; The complainant and the alleged harasser shall be
notified of 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 - - _' ' _ _ •• :- • •. - _- _- -
Personnel Rules these 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").
(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.
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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 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.
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RULE XIV
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 a•ainst a •erson makin• a re•ort of work•lace violence or coo•eratin. 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.
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
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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.
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RULE X V XV
MISCELLANEOUS PROCEDURES
(ADOPTED 07/05/94, AMENDED 10/18/94, 04/21/98 and 01/31/02)
SECTION 1 —TRANSFERS: Transfers are permitted, subject to written consent of
the Department Heads involved and the City Manager. Such changes are authorized
only from one (1) position to another in the same class or to a position in another class
having the same maximum salary limit and involving the performance of similar duties
and requiring substantially the same qualifications.
SECTION 2 — RECLASSIFICATION: The duties of positions that have changed
materially may be allocated to a more appropriate class by the City Manager. An
incumbent meeting the new qualifications of the reclassified position shall move with
the position.
SECTION 3 — RE-EMPLOYMENT LIST: Names of persons laid off or demoted in
lieu of layoff in accordance with these Rules may be carried on a re-employment list(s),
prepared and maintained by the Personnel Officer, for a period of six (6) months,
unless extended by the City Manager at his/her sole discretion.
(a) Persons who refuse re-employment shall be removed from the list.
(b) Persons who are appointed to permanent positions of the same level,
whether in the City or another agency, as that which was demoted or laid off shall be
removed from the list.
(c) Persons who fail to respond to a notice of re-employment mailed to the last
known address within ten (10) working days from the date in which the notice was
mailed shall be removed from the list.
SECTION 4 — REINSTATEMENT: With the written approval of the City Manager,
a former employee or probationary employee may be reinstated (1) to his or her former
position, if vacant; or, (2) to a vacant position in the same comparable class; provided
that the employee or probationary employee left the City's employ less than one (1)
year prior to seeking reinstatement. The City Manager may require that a reinstated
employee or probationary employee serve an initial-hire probationary period.
SECTION 5 —WRITTEN NOTICE: Any written notice required to be given by the
provisions of this-reso utiion these Rules, unless herein otherwise specifically provided,
may e given either by personal service or by mail. In the case of service by mail, the
notice must be deposited in the United States mail, in a sealed envelope, with postage
prepaid; addressed to the person on whom it is to be served; at the address in any
notice given by him/her or his/her last known address, and, if there be no last known
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address, then addressed to him/her at the City. Service by mail shall be deemed
complete at the time of the deposit in the mail.
SECTION 6 — OUTSIDE EMPLOYMENT: Employees and probationary
employees shall be allowed to engage in employment other than their job with the City,
with the understanding that City employment is the highest priority and such
employment does not interfere with the performance of assigned duties and does not
constitute a conflict of interest. The employee or probationary employee must notify
the City Manager in writing regarding their outside employment.
SECTION 7 — MANAGEMENT PREROGATIVES: The City through the City
Council possesses the sole right to operate the City and all management prerogatives
remain vested with the City. In this context, except as specifically limited by express
provision of these Rules, all management prerogatives, powers, authority and functions
whether heretofore 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 or probationary employee; the right to lay off employees or probationary
employee; 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 or probationary employee; the right to discipline employees, including the
right to reprimand, suspend, reduce in pay, demote and/or terminate employees; the
right to relieve employees or probationary employee of duty, demote, dismiss or
terminate employees or probationary employee 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 8 — INCENTIVE PROGRAM: From time to time, the City Manager may
grant an incentive pay award to any employee or probationary 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.
(b) Employees or probationary employee shall be limited to no more than two (2)
incentive pay awards in a twelve month period.
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SECTION 9 — SHARED FULL-TIME POSITIONS: From time to time, the City
Manager may allow two (2) qualified employees to share the duties and responsibilities
associated with on (1) existing full-time position. The employees sharing the full-time
position shall have the same job title and shall be employed in the same department.
The City Manager shall have the ability to discontinue a shared full-time position at any
time and without any right of appeal. Participation in contingent upon the two (2)
employees entering into an agreement with the City at the time of appointment, which
sets forth the rules and procedures of the job sharing agreement. The agreement shall
include, but is not limited to, the minimum length of the commitment to job share by the
employees, the weekly schedule or regular number of hours to be worked by each
employee (generally, each employee shall work twenty (20) hours per week or a
combination of forty (40) hours per week, although alternative schedules may be
approved by the City Manager), the minimum amount of notice required from the
employee to terminate job sharing, and the procedure to be followed if the shared
position is discontinued by the City Manager. The employees that share full-time
positions shall be subject to these Rules, except that employment benefits shall be
applied as follows:
OVERTIME COMPENSATION: Shared-position employees shall not be eligible to
receive overtime compensation unless they
individually work more than forty (40) hours a week.
The number of hours worked in any given week shall
not be calculated as an aggregate of both
employees' hours worked.
COMPENSATORY TIME: Shared-position employees shall not be eligible to
receive compensatory time in lieu of paid overtime
unless they individually work more than forty (40)
hours a week. The number of hours worked in any
given week shall not be calculated as an aggregate
of both employees' hours worked.
VACATION LEAVE: Each shared-position employee is entitled to accrue
paid vacation leave as a percentage of that
employee's total number of hours worked each
month, based on the following schedule:
Length of Continuous Employment Vacation Accrual Rates •
Beginning of 1st month through 2 years 4.16 3.85% of the hours worked per
month
Beginning of 3rd year through 5 years 5 4.62% of the hours worked per month.
Beginning of 6th year through 15 years 672-5 5.77% of the hours worked per
month
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Competitive Service Personnel Rules
Beginning of 16th year and more 4 additional hours per year for each year
of service up to a maximum of 80 hours
per year
Each shared-position employee may accumulate a
maximum of two (2) years' worth of accrued vacation
leave. The maximum of two (2) years' worth of
accrued vacation leave shall be calculated by taking
the employee's then applicable schedule or regular
number of hours, extended forward over two years.
The employee's then applicable vacation rate from
the above schedule shall be applied to determine 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. In the event an employee's
schedule or regular number of hours is reduced, the
City Manager or his/her designee shall grant the
employee a reasonable period of time, not to exceed
one year, to reduce the employee's accrued vacation
leave below the maximum.
SICK LEAVE: Each shared-position employee shall earn sick leave
at the rate of 5% of the hours that the employee
worked for each full calendar month of continuous
employment with the City, including time served in
probationary status. Unused sick leave may be
accumulated to a maximum of three hundred and
sixty (360) hours.
ALL OTHER LEAVE: Each shared-position employee shall be eligible to
use bereavement leave, jury duty, leave of absence
without pay, pregnancy disability leave, military
leave, paid holiday leave and administrative leave (if
applicable), and.family and medical leave and other
leave, as set forth in Rule VII, except that each
employee shall only be entitled to use such leave in
the amount of hours that the employee normally
would have been scheduled to work that day or
week, as applicable.
RETIREMENT: The City shall pay the full employee contribution to
the California Public Employees' Retirement System
(CaIPERS) for each shared-position employee who is
a member of CaIPERS.
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Competitive Service Personnel Rules
HEALTH INSURANCE: The City shall pay a proportional share of the
medical, dental, vision insurance premiums for the
shared-position employee and dependent care
premium based on the number of hours that the
employee worked per week, unless coverage is
refused by the employee. If health coverage or
dependent coverage is accepted by the employee,
they shall pay the remaining balance of any
insurance premiums.
LIFE INSURANCE: The City shall pay the entire premium of the
employee's life insurance premium, at twice the
employee's annual salary. Annual salary shall be
based on the regular number of hours per week each
employee is scheduled to work, as adjusted annually,
according to the City's normal procedures.
LONG TERM DISABILITY: The City shall pay the entire premium of the
employee's long term disability insurance policy.
ACCIDENTAL DEATH AND The City shall pay the entire premium of the
DISMEMBERMENT: employee's accidental death and dismemberment
insurance policy.
MEDICARE: The City shall pay the federal mandatory contribution
for each shared-position employee.
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Competitive Service Personnel Rules