CC RES 2005-133 RESOLUTION NO. 2005-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION NO. 2002-05 AND ADOPTING REVISIONS
TO THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES.
WHEREAS, the City Council is authorized and directed under the provisions of Chapter
2.46 of the Rancho Palos Verdes Municipal Code to adopt rules for the administration of
the personnel system created in said Municipal Code Chapter; and,
WHEREAS, the objectives of these rules are to facilitate efficient and economical
services to the public and to provide for an equitable system of personnel management;
and,
WHEREAS, at the same time, within the limits of administrative feasibility, considerable
latitude shall be given to the City Manager in the interpretation and application of these
rules so that they are applied equitably; and,
WHEREAS, from time to time these rules must be revised due to relevant changes in
federal and state personnel law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Amends the Competitive Service Employee Personnel Rules, attached
hereto as Exhibit A and made a part thereof.
PASSED, APPROVED and ADOPTED on December 20, 2005.
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Attest:
Cit Jerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2005-133; was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on December 20, 2005.
Ci Clerk
RESOLUTION NO. 2005-133 - EXHIBIT A
The following are proposed for the City's Competitive Service Personnel Rules:
1. The revision to RULE VIII for Worker's Compensation and Unemployment
Insurance:
"RULE VIII
WORKER'S COMPENSATION AND UNEMPLOYMENT INSURANCE
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 in
accordance with California law. The City provides worker's compensation coverage for
any person who performs volunteer service without pay for the City (Resolution No. 79-
87)."
2. The proposed new Rule XVI for Medical Examination Procedures:
"RULE XVI
MEDICAL EXAMINATION PROCEDURES
SECTION I — MEDICAL EXAMINATION: Any employee may be required to
undergo a medical examination at a time designated by the Personnel Officer, if he/she
has a reasonable belief, based on objective evidence, that a medical examination is
necessary in accordance with the provisions of this Rule. As used in this Rule, the term
"medical examination" means a procedure or test that seeks information about an
individual's physical or mental impairments or health. A medical examination does not
include tests for current use of illegal drugs, physical fitness tests, physical agility tests,
psychological tests or other personality tests designed to evaluate personality traits, or
polygraph examinations. Except as stated herein, nothing in this Rule is intended to
govern or regulate tests that are not medical examinations.
SECTION II — NEW HIRES OR RE-HIRES: In order to be eligible for
employment or re-employment with the City, a job applicant shall be required to
undergo a medical examination at a City-designated medical facility to determine
whether the applicant is capable of performing the essential functions required of the
position and can meet the standards established by the Personnel Officer.
SECTION III — PROMOTION OR TRANSFER: In order to be eligible for a
promotion or a transfer to a job classification in a category requiring greater physical
qualifications than his/her present job classification, an employee may be required to
undergo the same pre-employment medical examination as a new hire or re-hire at a
City-designated medical facility to determine whether the candidate is capable of
Resolution No. 2005-133
Exhibit A
Page 1 of 4
performing the essential functions required of the promotional or transfer position and
can meet the standards established by the Personnel Officer
SECTION IV— PROCEDURE:
(a) All medical examinations shall be job-related and consistent with business
necessity.
(b) The medical examination of a job applicant will occur only after a
conditional offer of employment is made and where all entering employees in the same
classification are subject to the same examination.
(c) The medical examination of an existing employee seeking a promotion or
transfer will occur only after a conditional offer of promotion or transfer is made and
where all new entering employees in the same classification are subject to the same
examination.
(d) Pre-employment tests for illegal drugs may be administered as part of the
application process, as set forth in Section X, below.
SECTION V— FINDINGS OF MEDICAL EXAMINATION:
(a) Job Applicants. Subject to paragraph (c), if a job applicant fails to pass a
medical examination following a conditional job offer, the conditional job offer shall be
withdrawn.
(b) Promotional or Transfer Candidates. Subject to paragraph (c), if an
existing employee fails to pass a medical evaluation following a conditional offer of a
promotion or transfer, the City will assign duties consistent with the medical
examination, including allowing the employee to remain in his/her former position if
he/she is able to perform the essential job functions. If no appropriate position is
vacant, such employee shall be recommended for disability or retirement if he/she is
eligible, or terminated.
(c) If the job applicant or candidate for promotion or transfer is a qualified
individual with a disability under the Americans with Disabilities Act ("ADA") or California
Fair Employment and Housing Act ("FEHA"), the City will engage in an interactive
process with the job applicant or candidate, and consider any request for reasonable
accommodation by the job applicant or candidate consistent with the requirements of
the ADA and/or FEHA.
(1) Job Applicants. Following the results of the medical examination
and the interactive process, the conditional offer of employment will be withdrawn if the
City determines that the applicant cannot be reasonably accommodated and/or would
pose a direct threat to his/her own safety and/or the safety of others.
(2) Promotional or Transfer Candidates. Following the results of the
medical examination and the interactive process, the conditional offer of the promotion
or transfer shall be withdrawn if the City determines that the employee cannot be
Resolution No. 2005-133
Exhibit A
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reasonably accommodated in the promotional or transfer position or would pose a direct
threat to his/her own safety and/or the safety of others. If no appropriate position is
vacant, such employee shall be recommended for disability or retirement if he/she is
eligible, or terminated.
SECTION VI —ABSENCE DUE TO ILLNESS OR INCAPACITY:
(a) Any employee who returns to work after an absence in excess of three
consecutive work shifts due to illness or incapacity, or who
demonstrates a pattern of absences (such as repeated absences the
day before or after weekends) may be required by the Personnel
Officer to provide a return to work certification from the employee's
treating physician or other health care provider confirming there was a
medical reason for the employee's absence, and that he/she is able to
perform the essential functions of his/her position and/or does not
present a direct threat to himself/herself, to his/her fellow employees
and/or to members of the public, due to any medical reason, before the
employee will be permitted to return to work. The City reserves the
right to choose the health care provider who shall provide the
certification. Nothing herein shall preclude the City from requiring a
fitness for duty examination under Section VII of this Rule.
(b) In addition, any employee who returns to work after an absence in
excess of three consecutive work shifts due to illness or incapacity, or
who demonstrates a pattern of absences (such as repeated absences
the day before or after weekends) may also be required by the
Personnel Officer to undergo a medical examination before the
employee may be permitted to return to work if the City has reasonable
belief that the employee's present ability to perform essential job
functions will be impaired by a physical or mental impairment or
condition, or if he/she will pose a direct threat to himself/herself, to
his/her fellow employees and/or to members of the public due to a
physical or mental condition or impairment.
(c) Any employee who fails to pass a medical examination upon his/her
return from an absence in excess of three consecutive work shifts may
be required to remain off duty pending receipt of a return to work
certification from his/her physician or other health care provider, and/or
may be transferred or demoted to an available alternative or modified
position based on the employee's ability to perform essential job
functions and meet the minimum qualifications of the job,
recommended for disability or retirement, or terminated.
SECTION VII — FITNESS FOR DUTY: The Personnel Officer may at any time
require that an employee undergo a fitness for duty examination at a City-designated
facility based on specific facts and circumstances leading to the reasonable conclusion
that such employee is not able to perform the essential functions of his/her position
and/or that he/she may pose a direct threat to himself/herself, to his/her fellow
Resolution No. 2005-133
Exhibit A
Page 3 of 4
employees and/or to members of the public. The cost of the fitness for duty
examination will be borne by the City. The City may take appropriate action based upon
the results of the fitness for duty examination. The City may also take disciplinary
action against any employee who refuses to comply with the City's requirement that
he/she undergo a fitness for duty examination.
SECTION VIII —QUALIFIED PHYSICIAN: All medical examinations required
under the provisions of this Rule shall be performed by a City-designated physician,
psychologist, psychiatrist or other health care professional, in active practice licensed by
the State of California and within the scope of his/her practice as defined by California
law. In the case of out-of-state candidates for employment, the physician or other
health care professional performing the medical examination may be licensed by the
state in which the candidate resides.
SECTION IX— CITY FINANCIAL RESPONSIBILITY: The City shall pay for any
medical examination required under the provisions of this Rule.
SECTION X— CONFIDENTIALITY: Medical information will be kept confidential,
on separate forms and in separate locked medical files, and shall be reviewed only to
assess whether the applicant or employee has the ability to perform the functions of the
job, with or without reasonable accommodation; or whether the employee may pose a
direct threat to himself/herself and/or to others; to determine whether the employee is fit
for duty; to assist in providing reasonable accommodation; to provide first aid as
necessary; for insurance purposes; and to comply with other provisions of federal
and/or state law.
SECTION XI — PRE-EMPLOYMENT DRUG TESTING: The City is committed to
providing a safe, effective and productive work force, and to comply with the Drug-Free
Workplace Act of 1988.
(a) All new hires and all re-hires shall be required to submit to pre-
employment drug testing, as part of the application process. An offer of employment
will be conditioned upon the job applicant testing negative for illegal drugs.
(b) The City's drug testing policy will comply with all applicable provisions of
federal and state law, including but not limited to, confidentiality, privacy and testing
methodology.
(c) The City shall pay for any pre-employment drug testing required under this
section.
SECTION XII — NONDISCRIMINATION: All medical examinations shall be
undertaken in accordance with the ADA and the FEHA, with respect to job applicants
and employees with disabilities. The City does not discriminate against job applicants
or employees on the basis of disability.
SECTION XIII — NONEXCLUSIVITY: This Rule shall not preclude the City from
requiring medical examinations under circumstances otherwise permitted or authorized
under federal or state law."
Resolution No. 2005-133
Exhibit A
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