RPVCCA_CC_SR_2011_08_02_05_Competitive_Service_Personnel_Rules_RevisionsMEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ERIC MAUSSER,HUMAN RESOURC:ES~..-~""~.~~~z:
AUGUST 2,2011
SUBJECT:AMENDMENTS TO COMPETITIVE SERVICE AND MANAGEMENT
EMPLOYEE PERSONNEL RULES.
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
RECOMMENDATION:
Adopt Resolution No.2011-; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES AMENDING THE COMPETITIVE SERVICE
EMPLOYEE PERSONNEL RULES AND THE MANAGEMENT EMPLOYEE
PERSONNEL RULES.
DISCUSSION:
The City Council adopted both the Competitive Service Employee Personnel Rules
("Employee Rules")and the Management Employee Personnel Rules ("Management
Rules")on January 31,2002.Since that time,these Rules have been amended
periodically to comply with changes in state and federal laws,and to more clearly define
rules and regulations which promote workplace efficiency.
Both the Employee Rules and Management Rules were last amended May 1,2007.
With the changes instate and federal workplace laws since that time it was deemed
prudent to review existing language in both sets of Rules to ensure compliance and
clean up any wording that might need revision.Roy Clarke of Richards,Watson and
Gershon was engaged several months ago to review,research and make
recommendations to update the Employee Rules and the Management Rules.He found
that there were a number of areas that needed amendments and recommends that the
City make the changes noted in the attached Resolution.
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Subject:Amendments to the Employee Personnel Rules
Date:August 2,2011
The Employee Rules amendments were conducted in two Phases.On July,19,2011
the Council approved the Phase I amendments to the Employee Rules.Phase II of the
Employee Rules amendments includes a more extensive revision of the leave rules and
drug testing procedures.Also,the companion Management Rules is submitted for
revision,so as to be consistent with the changes to the Employee Rules.
Attachment
Draft Resolution No.2011-
C:\Documents and Settings\ericm\Local Settings\Temporary Internet Files\OLK11\RPV-MEMagendaFRM(CP)(2).doc 5-2
RESOLUTION NO.2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
AMENDING RESOLUTION NOS.2007-44 AND 2007-45 AND ADOPTING REVISIONS TO
THE COMPETITIVE SERVICE EMPLOYEE PERSONNEL RULES AND THE
MANAGEMENT EMPLOYEE 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,the City of Rancho Palos Verdes previously adopted Competitive Service
Employee Personnel Rules by Resolution No.2002-05,which have been subsequently
amended by Resolution Nos.2002-18, 2005-30,2005-133 and 2007-44,and previously
adopted Management Employee Personnel Rules by Resolution No.2002-06,which have been
subsequently amended by Resolution Nos.2002-19,2005-134 and 2007-45;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.
Section 2:Amends the Management Employee Personnel Rules,attached hereto as
Exhibit B and made a part thereof.
PASSED,APPROVED and ADOPTED on this 2nd day of August 2011.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,hereby certify that the above Resolution
No.2011-_;was duly and regularly passed and adopted by the said City Council at a regular meeting
thereof held on August 2,2011.
City Clerk
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CITY OF RANCHO PALOS VERDES
COMPETITIVE SERVICE EMPLOYEE
PERSONNEL RULES
ADOPTED:
JANUARY 31,2002
AMENDED:
MARCH 11,2002
APRIL 5,2005
DECEMBER 20,2005
MAY 1,2007
MAY 1L__?QJL ------{Deleted:
August !2011 '----=---------'
Attachment 5-1
TABLE OF CONTENTS
RULE I DEFINITION OF TERMS
RULE II EXCLUSIONS
RULE III CLASSIFICATION PROCEDURES
1
4
5
SECTION 1 -PREPARATION OF CLASSIFICATION PLAN 5
SECTION 2 -ALLOCATION OF POSITIONS 5
SECTION 3 -CLASS SPECIFICATIONS 5
SECTION 4 -RECRUITMENT 5
SECTION 5 -VETERANS'PREFERENCE SYSTEM 5
RULE IV PROBATIONARY PERIOD AND PROCEDURES 6
SECTION 1 -OBJECTIVE OF PROBATIONARY PERIOD 6
SECTION 2 -DURATION OF PROBATIONARY PERIOD 6
SECTION 3 -TERMINATION OF INITIAL HIRE PROBATIONARY 6
EMPLOYEE
SECTION 4 -PROCEDURES -REGULAR APPOINTMENT FOLLOWING 6
PROBATIONARY PERIOD
SECTION 5 -REJECTION FOLLOWING PROMOTION 7
RULE V REGULAR COMPENSATIONI PERFORMANCE EVALUATIONS 8
SECTION 1 -INITIAL EMPLOYMENT
SECTION 2 -PERFORMANCE EVALUATION
SECTION 3 -MERIT ADVANCEMENT WITHIN A RANGE
SECTION 4 -PROMOTIONAL ADVANCEMENT
SECTION 5 -ACTING PAY
8
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SECTION 6 -TOP OF THE RANGE
RULE VI OVERTIME COMPENSATION
SECTION 1 -WORK SCHEDULE
SECTION 2 -OVERTIME COMPENSATION
SECTION 3 -COMPENSATORY TIME
RULE VII LEAVES
SECTION 1 -VACATION LEAVE
SECTION 2 -ADMINISTRATIVE LEAVE
SECTION 3 -SICK LEAVE
SECTION 4 -WELLNESS LEAVE
SECTION 5 -BEREAVEMENT LEAVE
SECTION 6 -JURY DUTY
SECTION 7 -LEAVE OF ABSENCE WITHOUT PAY
SECTION 8 -PREGNANCY DISABILITY LEAVE
SECTION 9 -MILITARY LEAVE
SECTION 10 -PAID HOLIDAY LEAVE
SECTION 11 -FAMILY AND MEDICAL LEAVE
SECTION 12 -OTHER LEAVE
9
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13
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15
15
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16
17
17
18
20
23
RULE VIII WORKERS'COMPENSATION AND UNEMPLOYMENT INSURANCE 24
SECTION 1 -WORKERS'COMPENSATION AND UNEMPLOYMENT 24
INSURANCE
SECTION 2 -ON-THE-JOB INJURIES 24
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RULE IX EMPLOYEE EXPENSES
SECTION 1 -MILEAGE AND PARKING EXPENSES
RULE X TERMINATION PROCEDURES
SECTION 1 -RESIGNATION
SECTION 2 -LAYOFF
SECTION 3 -RETIREMENT
RULE XI GRIEVANCE PROCEDURES
SECTION 1 -PURPOSE OF GRIEVANCE PROCEDURE
SECTION 2 -INFORMAL DISCUSSION OF GRIEVANCE
SECTION 3 -FORMAL GRIEVANCE PROCEDURE
SECTION 4 -GENERAL PROCEDURES
RULE XII DISCIPLINE PROCEDURES
SECTION 1 -AUTHORITY TO DISCIPLINE
SECTION 2 -CAUSE FOR DISCIPLINE
SECTION 3 -TYPES OF DISCIPLINARY ACTIONS
SECTION 4 -DISCIPLINARY PROCEDURES
SECTION 5 -APPEAL OF DISCIPLINARY ACTIONS
SECTION 6 -TIME OF HEARING
SECTION 7 -HEARING PROCEDURE
SECTION 8 -FINALITY OF CITY MANAGER'S DECISION
SECTION 9 -JUDICIAL REVIEW
25
25
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27
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34
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RULE XIII NON-DISCRIMINATION POLICY 37
SECTION 1 -EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 37
SECTION 2 -POLICY AGAINST HARASSMENT 37
RULE XIV VIOLENCE IN THE WORKPLACE 44
SECTION 1 -STATEMENT OF POLICY 44
SECTION 2 -DEFINITIONS 44
SECTION 3 -REPORTING PROCEDURES 44
SECTION 4 -INVESTIGATION 45
SECTION 5 -DISCIPLINE OR OTHER ACTION 45
RULE XV MISCELLANEOUS PROCEDURES 46
SECTION 1 -TRANSFERS 46
SECTION 2 -RECLASSIFICATION 46
SECTION 3 -RE-EMPLOYMENT LIST 46
SECTION 4 -REINSTATEMENT 46
SECTION 5 -WRITTEN NOTICE 46
SECTION 6 -OUTSIDE EMPLOYMENT 47
SECTION 7 -MANAGEMENT PREROGATIVES 47
SECTION 8 -INCENTIVE PROGRAMS 47
SECTION 9 -SHARED FULL-TIME POSITIONS 48
RULE XVI MEDICAL EXAMINATION PROCEDURES 51
SECTION 1-MEDICAL EXAMINATION 51
SECTION 2 --NEW HIRES OR RE-HIRES 51
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SECTION 3 -PROMOTION OR TRANSFER
SECTION 4 -PROCEDURE
SECTION 5 -FINDINGS OF MEDICAL EXAMINATION
SECTION 6 -ABSENCE DUE TO ILLNESS OR INCAPACITY
SECTION 7 -FITNESS FOR DUTY
SECTION 8 -QUALIFIED PHYSICIAN
SECTION 9 -CITY FINANCIAL RESPONSIBILITY
SECTION 10 -CONFIDENTIALITY
SECTION 11 -PRE-EMPLOYMENT DRUG TESTING
SECTION 12 -NONDISCRIMINATION
SECTION 13 -NONEXCLUSIVITY
RULE XVII DRUG AND ALCOHOL POLICY
51
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53
53
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59
.S_E~TION 1_-~lJg~Q$~_~I\JD APPLl9.ATIQI'-J uumuuuumuuu m _mum _m____59__------{Formatted:No underline
.SEC:r19t'~U?__:..J?~NERAL r:'.QJ:"!~)~uuu _ ___ _umuuummuummmmmm?9 _------{Formatted:No underline
SECTION 3 -REASONABLE SUSPICION 60
SECTION 4 -SUBSTANCE TESTING 60
SECTION 5 -MEDICAL REVIEW OFFICER 62
SECTION 6 -CONFIDENTIALITY 62
SECTION 7 -QUESTIONS 63
ADeleted:May
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RULE I
DEFINITION OF TERMS
(ADOPTED 01/31/02,AMENDED 05/01/07J.
AMENDED 05/17/11,AMENDED 08//11)
Whenever used in these Personnel Rules,the following terms shall have the
meanings set forth below:
SECTION 1 -CONTINUOUS EMPLOYMENT/SENIORITY:Total full-time spent
in the employ of the City,including all days of attendance at work,and approved leaves
of absence whether paid or 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 -COMPETITIVE SERVICE:The competitive service
established by Section 2.46.040 of the Rancho Palos Verdes Municipal Code.
SECTION 6 -DAY:Unless otherwise indicated,day means calendar day.
SECTION 7 -EMPLOYEE:A competitive service employee as defined in
Municipal Code Section 2.46.040 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 also does not include elective officials,members of appointed boards,
commissions,and committees,City Council-appointed City officers,independent
contractors,part-time employees,temporary employees,emergency employees,
management employees or volunteers.
SECTION 8 -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,
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(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 date shall be adjusted as required for any break in service,or
adjusted in accordance with the merit increase schedule outlined in Rule V.
SECTION 9 -EXEMPT EMPLOYEE:An employee whose duties and salary
exempt him/her from the overtime pay provisions of the federal Fair Labor Standards
Act.
SECTION 10-MANAGEMENT EMPLOYEE or MANAGER:The.R~RlJ_~Y -----{Deleted:Assistant City Manager,
City Manager and Department Heads as defined in the Management Employee
Personnel Rules or so designated either in a class specification or by the City
Manager.
SECTION 11 -NONEXEMPT EMPLOYEE:An employee who is subject to the
overtime pay and compensatory time off provisions of the federal Fair Labor Standards
Act.
SECTION 12 -PERSONNEL OFFICER:The City Manager shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
SECTION 13 -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 a 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 -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 15 --RULES:The Competitive Service Employee Personnel
Rules.
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SECTION 16 -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 17 -WORK DAY:Any day,Monday through Friday,except holidays,
when City Hall administrative offices are open for business.
SECTION 18 -WORK WEEK:A regular schedule offorty (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
APPLICATION AND EXCLUSIONS
(ADOPTED 01/31/02,AMENDED 05/01/07,AMENDED 05/17/11)
(a)The Competitive Service Employee Personnel Rules apply to all
employees in the competitive service as defined in Municipal Code Section
2.46.040.
(b)Independent contractors and volunteers are not employees of the
City and are not included in the competitive service.Similarly,part-time
employees,temporary employees,emergency employees and management
employees are not included in the competitive service.Notwithstanding their
exclusion from the competitive service,the following rules shall apply as
indicated:
(i)Rule XIII (NONDISCRIMINATION POLICY)and Rule XIV
(VIOLENCE IN THE WORKPLACE),shall apply to independent contractors,
volunteers,probationary employees,part-time employees,temporary
employees,emergency employees,and to job applicants.These rules shall
also apply to the City Manager and to management employees,through the
Management Employee Personnel Rules.
(ii)Rule VII,Section 8 (PREGNANCY DISABILITY LEAVE),
and Rule VII,Section 11 (FAMILY AND MEDICAL LEAVE)shall apply to
probationary employees,part-time employees,temporary employees,and
emergency employees,to the extent such employees otherwise meet the
eligibility requirements for pregnancy disability leave and/or family and medical
leave."These provisions shall also apply to the City Manager and to
management employees,through the Management Employee Personnel Rules.
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RULE III
CLASSIFICATION PROCEDURES
(ADOPTED 03/11/02,AMENDED 05/17/11)
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 -ALLOCATION OF POSITIONS:The City Manager shall allocate
every competitive service position 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 competitive 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 employment within the competitive service of the City (not
including in-house promotions)shall include a Veterans'Preference System giving
preference to a veteran who has received an honorable discharge 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'preference 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 01/31/02,AMENDED 05/17/11)
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,
(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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(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 classification
from which the employee was transferred or 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
REGU LAR COMPENSATION/PERFORMANCE EVALUATIONS
(ADOPTED 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 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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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 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 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 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 01/31/02,AMENDED 05/17/11)
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
leave,which exceeds forty (40)hours in any work week.
(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 1'2)times their regular hourly rate of payor receive
compensatory time off at one and one half (1 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 1'2)hours for each hour of overtime worked.
Compensatory time may not be accumulated to exceed forty (40)hours.
(a)The taking of all compensatory time off shall first be approved by the
nonexempt employee's or nonexempt probationary employee's Department Head or
the City Manager and shall be granted in accordance with the work force needs of the
City and the federal Fair Labor Standards Act.
(b)Compensatory time may be used for medical appointments.
(c)Compensatory time may be used for pregnancy disability leave and other
leave provided pursuant to the federal and California family and medical leave statutes.
(d)Upon termination or dismissal from employment,nonexempt employees and
nonexempt probationary employees shall be paid for accumulated compensatory time
up to a maximum amount,which may be accumulated under the provisions of these
Rules,in accordance with federal and state law.
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RULE VII
LEAVES
(ADOPTED 01/31/02,AMENDED 05/17/11,AMENDED 08//11)
(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 competitive service on an acting assignment,an
independent consultant or a temporary employee,provided that any person so
assigned shall possess the minimum qualifications for such position.
(b)Except as otherwise permitted by law,all requests for leave shall be in writing,
and shall be sent to the City Manager or his/her designee.The request shall include
the expected start and end dates of the leave,and any medical certifications required
by the provisions of this Rule.An employee shall provide as much advance notice of
the need for leave as practicable.Generally,when the need for the leave is
foreseeable, the employee shall try to provide at least 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'
Lenath of Emolovment Vacation Accrual Rates Maximum Accumulation
Beginning of 1St month 6.67 hours per month 160 hours
throuah 2 vears
Beginning of 3ru year 8 hours per month 192 hours
throuah 5 vears
Beginning of 6m year 10 hours per month 240 hours
throuah 15 vears
Beginning of 16m year and 8 additional hours per year Twice the annual accrual
more for each year of service up not to exceed 320 hours
to a maximum of 160 hours (Le.256,272, 288,304 or
oer vear 320 hours as aoolicable)Deleted:Length of Employment
12
Competitive Service Employee Personnel Rules
Last Amended on.6~gu_~t ,_?_O~.L _
Deleted:Vacation Accrual Rates
I• •>'<,:~~~~d~~:~~~ning of 1"month
I• •~/:"'1 Deleted:6.67 hours per month
,Deleted:Beginning of 3'·yearI'"through 5 years.-------.-------------------------------------------------------------------------------------------------------------------------~:----->=De=.e';'te=d:";'S=h=ou=rs=p=er=m=ont=h====<
,,{Deleted:May
Attachment 5-18
I 1'..1'~•-::::----
I• •'_,_
(b)After completion of the initial-hire probationary period,the employee will be
credited with vacation leave earned during the probationary period.The employee
shall be entitled to take such leave upon the completion of the initial-hire probationary
period or extension thereof.However,an initial-hire probationary employee may utilize
accrued vacation 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 years'worth of
accrued vacation leave.For specific amounts,see table above.Q!'!~~u~_~_~~_pJ~~~~uuu/---
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 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 and exempt probationary employees may be granted up to
sixty-two (62)hours otadministrative leave per fiscal year at the sole discretion of the
City Manager.
13
Competitive Service Employee Personnel Rules
Last Amended on.fll,lgl,l~t ._?_<nLuu
Deleted:Beginning of 6th year
through 15 years
Deleted:10 hours per month
Deleted:Beginning of 16th year and
more
Deleted:8 addnional hours per year
for each year of service up to a
maximum of 160 hours per year
Deleted:example,an employee with
ten years of service would have a
vacation accumulation limn of 240
hours
,{Deleted:May
Attachment 5-19
14
Competitive Service Employee Personnel Rules
Last Amended onf1uglJ.~t •.?On ..m
(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 or 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.
(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 or his/her designee during their probationary period.
(f)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)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
twenty (720)hours.
(d)In order to receive paid sick leave,an employee or probationary employee
must notify his/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./{>=D=el=et=ed=:=fo=ur========<
",{Deleted:4
(f)Employees and probationary employees who use more than twenty-seveO'm//{>===I=d='=========<(27l9.9.1")~~9.Y~!Y.~..~!?~.h~,=,.~~.~h~J!.~~.~~ql:lj~~~.~9 ..~Yr.l")j~~..~.R~~.~!9ii~!"!:~.~~r!!~i;C:~~~..~~~!l~.g /:..::~:I::d;~::~:~)reserves the right
that the employee IS able to safely return to work.•p.,!?h~~I~~~.I").~..C:~~~~I.catlon m~Y..~~m ../.,to choose the physician who shall
requested if a supervisor has reason to believe that sick leave is being abused.provide the certification.
"{Deleted:May
Attachment 5-20
Regardless of the length of the sick leave used,the supervisor has the authority to
determine if the employee is abusing the sick leave benefit.
(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.
(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 Y2)hours of paid well ness 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 nine (9)hours of well ness 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 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 Department Head or the City Manager at the
earliest possible time,generally before 8:30 a.m.on the day that the leave is first
requested.In the event the employee or probationary employee must travel out of
state in connection with the bereavement,the employee or probationary employee
shall be allowed two (2)additional working days of bereavement leave for each
incident.
15
Competitive Service Employee Personnel Rules
Last Amended on.8lJ9ust ._2_Q1_1-._.
"{Deleted:May
Attachment 5-21
SECTION 6 -JURY DUTY:
(a)Employees and probationary employees called for jury duty shall give the
Department Head or City Manager reasonable advance written notice of the his/her
obligation to serve.
(b)Employees and probationary employees will be paid their regular wages,less
jury duty pay (other than mileage or subsistence allowances)or may elect to forfeit 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
(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 days taken.
16
Competitive Service Employee Personnel Rules
Last Amended onflugust ,.?Qn .....
:l Deleted:May
Attachment 5-22
(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
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 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)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 or related medical condition may take a
leave of absence without pay for up to four (4)months.Leave taken under the
pregnancy disability leave policy runs concurrently with family and medical leave under
federal law,but does not run concurrently with family and medical leave under
California law.In accordance with federal and state law,the combined maximum
amount of time that an eligible employee may take for pregnancy disability leave and
family and medical leave is approximately seven months (four (4)months plus twelve
(12)workweeks).
(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 shall provide the City Manager with a certificate from a health care provider on a
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
17
Competitive Service Employee Personnel Rules
Last Amended on,6ugust ._?_Q~J __
,{Deleted:May
Attachment 5-23
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.
(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 cannot returned to her original
job,she shall be returned to a substantially similar position,unless either there is no
substantially similar position available or filling the substantially similar position would
substantially undermine the City's ability to operate safely and efficiently.
(i)An employee or probationary employee reinstated to her original job after a
pregnancy disability leave of absence shall receive the same salary 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 days taken.
G)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.
18
Competitive Service Employee Personnel Rules
Last Amended onflugust •.?(nLuu
,(Deleted:May
Attachment 5-24
(I)Pregnancy disability leave shall be unpaid,except that an employee may use
any accumulated paid vacation leave,sick leave,compensatory time,administrative
leave or well ness leave provided for in this Rule.
(m)Pregnancy disability leave may be taken intermittently or on a reduced work
schedule when medically advisable,as determined by the employee's or probationary
employee's health care provider.When an employee's or probationary employee's
need to take leave intermittently or on a reduced work schedule is foreseeable based
on planned medical treatment,the employee may be transferred to an available
alternative position for which she is qualified that has equivalent pay and benefits in
order to better accommodate the periods of leave.
SECTION 9 -MILITARY LEAVE:Military leave and military spouse 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:
(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 10(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 employeejs 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
19
Competitive Service Employee Personnel Rules
Last Amended on .£\ugu_~t '_?_<nL _
"{Deleted:May
Attachment 5-25
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 %)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
%)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.
SECTION 11 -FAMILY AND MEDICAL LEAVE:
The City will provide eligible employees and probationary employees with family
and medical leave,as required by California and federal law pursuant to the federal
Family and Medical Leave Act of 1993 ("FMLA")and the California Family Rights Act
("CFRA").Unless otherwise provided,"Family and Medical Leave"under this Section
means leave pursuant to the FMLA and CFRA.As used in this Section,"eligible
employee"means and includes both eligible employees and eligible probationary
employees.
Rights and obligations which are not specifically set forth in this Section are
contained in the Department of Labor regulations implementing the FMLA and the
regulations issued by the California Department of Fair Employment and Housing
("DFEH")implementing the CFRA.This Section shall be interpreted in a manner
consistent with the requirements of the regulations issued by the U.S.Department of
Labor (29 C.F.R.Sections 825.100,et seq.,)the National Defense Authorization Act
(NDAA")for 2008,Uniformed Services Employment and Reemployment Rights Act
("USERRA"),the California Military &Veterans Code,and the regulations issued by the
DFEH (2 Calif.Code of Reg.Section 7297.0,et seq.),and as such regulations and
statutes may be amended from time to time.
(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 fifty (1,250)
20
Competitive Service Employee Personnel Rules
Last Amended on .flugu~t '_?(~~.1 _
,,{Deleted:May
Attachment 5-26
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 or probationary 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
employeeJhat makes the employee unable to perform the functions of his/her position.
(5)Leave for Treatment of Substance Abuse.Leave for treatment of
substance abuse may qualify for Family and Medical Leave under the FMLA,provided
all other eligibility requirements (including but not limited to,serious health condition,
inpatient care and continuing treatment)are met.However,an employee's or
probationary employee's absence due to his/her use of a substance does not qualify as
a serious health condition.The treatment must be provided by a health care provider,
or by a provider of health care services on referral of a health care provider.This
Section does not prevent the City from taking action against any employee or
probationary employee who violates the City's Discipline Policy set forth in Rule XII
(including but expressly not limited to Subsections 2(h)and 2m thereoD,or any
employee or probationary employee who violates the Drug-Free Workplace Act,or any
other substance abuse policy adopted by the City.An eligible employee may also take
Family and Medical Leave under the FMLA to care for a covered family member who is
receiving treatment for substance abuse.
(6)Qualifying Exigency Leave.An eligible employee may take up to
twelve (12)weeks of leave under the FMLA because of a qualifying exigency arising
out of the fact that the employee's or probationary employee's spouse,son,daughter,
or parent is on,or has been notified of an impending call or order to,"covered active
duty"in the Armed Forces.
(7)Caregiver Leave.Under the FMLA,an eligible employee who is the
spouse,son,daughter,parent or next of kin of a covered service member may take up
to twenty-six (26)weeks of leave in a twelve-month period to care for the service
member.
(b)Determination of the 12-month employment period under the FMLA.Under ......w.
the FMLA,the twelve (12)months that an employee or probationary employee must
have been employed by the City need not be consecutive months,subject to the
following:
Formatted:Tabs:0.5",Left +Not
at 1"
21
Competitive Service Employee Personnel Rules
Last Amended on ,6ugust '.?Q~.L __
,,{Deleted:May
Attachment 5-27
(1)Employment periods prior to a break in service of seven (7)years or
more will not be counted in determining whether the employee or probationary
employee has been employed by the City for at least twelve (12)months,unless the
employee's or probationary employee's break in service resulted from his/her fulfillment
of his/her National Guard or reserve military service obligations.
(2)Time served performing military service will be counted in determining
if the employee or probationary employee has been employed by the City for at least
twelve (12)months.
(3)If an employee or probationary employee is maintained on the payroll
for any part of a week (including any periods of paid or unpaid leave such as vacation
or holiday leave)during which other benefits or compensation are paid by the City,the
week will count as a week of employment.
(4)Nothing under this Section shall provide the employee or probationary
employee with rights any greater than he/she would have under the USERRA.
(c)Determination of 1,250 hours requirement follOWing return from military
service.
Formatted:Tabs:OS',Left +Not
at 1"
(1)A person who is reemployed following military service shall have the
hours that he/she would have worked for the City added to the hours that he/she
actually worked during the previous 12-month period to meet the 1,250-hour
requirement.
(2)Use of the employee's or probationary employee's pre-service work
schedule may be used to determine the hours that would have been worked during the
period of military service,unless another method provides a more accurate calculation.
(d)Prior to the proposed start of the employee's or probationary employee's
Family and Medical Leave,the City will determine whether he/she has worked for the
City for at least 1,250 hours in the past twelve (12)months and whether he/she has
been employed by the City for a total of at least twelve (12)months.
Formatted:Tabs:0.5",Left +Not
at 1"
Formatted:Tabs:0.5",Left +Not
at 1"
(e)If an employee or probationary employee is on non-Family and Medical
Leave at the time he/she meets the eligibility requirements for Family and Medical
Leave,any portion of leave taken for a Family and Medical Leave-qualifying reason
after the employee or probationary employee meets the eligibility requirements shall be
Family and Medical Leave.
(:O__~_':~_~!J~~~__~~~!~~__<?~~~J~j~':(J_l?_~~JJ!~~l?~!_t':lj~rY.,_Jrm::>~i_~r:D_~m_~rJ~~Y~*_~!_~r -----{,-De_Iet_e_d:_b -J
mental condition that involves either:
22
Competitive Service Employee Personnel Rules
Last Amended on.6uglJ_~t ,_?_O~.L __
ADeleted:May
Attachment 5-28
(1)Inpatient care in a hospital,hospice,or residential medical care
facility;or
(2)Continuing treatment or continuing supervision by a health care
provider,including any of the following~------{,-D_e_let_e_d:_.-J
(i)Under the CFRA,a period of incapacity due to a serious health
condition of more than three (3)consecutive days,and any subsequent treatment or
period of incapacity relating to the same condition,that also involves treatment two (2)
or more times by a health care provider or treatment by a health care provider on at
least one (1)occasion which results in a regimen of continuing treatment under the
supervision of the health care provider.
(ii)Under the FMLA,a period of incapacity due to serious health
condition of more than three (3)consecutive,full days,and any subsequent treatment
or period of incapacity relating to the same condition,that also involves:(A)treatment
two (2)or more times,within thirty (30)days of the first day of incapacity (unless
extenuating circumstances exist)by a health care provider,by a nurse under direct
supervision of a health care provider,or by a provider of health care services (e.g.,
physical therapist)under orders.of or on referral by a health care provider;or (8)
treatment by a health care provider on at least one occasion,which results in a
regimen of continuing treatment under the supervision of a health care provider.The
treatment must be an in-person visit to a health care provider,and the first (or only)in-
person treatment visit must take place within seven (7)days of the first day of
incapacity.Determination of whether additional treatment visits or a regimen of
continuing treatment is necessary within the thirty (30)day period shall be made by the
health care provider,not the employee or probationary employee."Extenuating
circumstances"means circumstances beyond the employee's or probationary
employee's control that prevent the follow-up visit from occurring as planned by the
health care provider.
Formatted:Tabs:1.5",Left +Not
at 0.38"
Formatted:Tabs:1.5",Left +Not
at 0.38"
(iii)Under the FMLA,any period of incapacity due to pregnancy or +------Formatted:Tabs:1.5",Left +Not
for prenatal care.(See also subsection (h),below,regarding interrelationship between '-a_t_O_.38_"-'
pregnancy disability leave and Family and Medical Leave.)
(iv)Any period of incapacity or treatment for such incapacity due to+------
a chronic serious health condition.A chronic serious health condition is one which
requires periodic visits for treatment by a health care provider at least twice a year,
continues over an extended period of time (including recurring episodes of a single
underlying condition),and may cause episodic rather than a continuing period of
incapacity (e.g.,asthma,diabetes,epilepsy,etc.).Absences for such incapacity qualify
for Family and Medical Leave even if the absence lasts only one (1)day.
Formatted:Tabs:1.5",Left +Not
at 0.38"
(v)A period of incapacity which is permanent or long-term due to a +------Formatted:Tabs:1.5",Left +Not
condition for which treatment may not be effective.The employee or probationary I.-"a-=-.t-=-.0.-'-38'--"--.J
23
Competitive Service Employee Personnel Rules
Last Amended onflugu_st ,_?_<?1-L _
"(Deleted:May
Attachment 5-29
employee.or his/her family member.must be under the continuing supervision of.but
need not be receiving active treatment by.a health care provider.
(vi)Any period of absence to receive multiple treatments (including..-------
any period of recovery therefrom)by a health care provider or by a provider of health
care services under orders of.or on referral by.a health care provider.either for
restorative surgery after an accident or other injury.or for a condition that would likely
result in a period of incapacity of more than three (3)consecutive days in the absence
of medical intervention or treatment.
(vii)As used in this Section."incapacity"means the inability to
work.attend school and/or perform other regular activities due to the serious health
condition and/or treatment or recovery from the serious health condition.
Formatted:Tabs:1.5",Left +Not
at 0.38"
Formatted:Tabs:1.5",Left +Not
at 0.38"
(g)J~~_9h_~IJg!~'_~_~!!!RI.<?y.~~_9!..P.!.9J:??!!l9_t:l?!ry._~':'.l.P.J~y.~_~p~~_~JJ_~~_~mm~_<;t_~~_!~~_~_?!~------{'_De_le_te_d:_c ~
unpaid leave of up to twelve (12)work weeks during any rolling twelve (12)month
period for the purposes listed above;except that Caregiver Leave shall be a maximum
of twenty-six (26)workweeks as provided in subsection (j).
(h)Interrelationship betwe.en State pregnancy disability leave and Federal Family
and Medical Leave.An employee or probationary employee disabled by pregnancy
shall be entitled to take unpaid leave,in addition to medical and family leave.Under
certain circumstances as allowed by applicable law,an employee or probationary
employee may take Family and Medical Leave intermittently or on a reduced leave
schedule basis (by taking leave in blocks of time or by reducing the employee's weekly
or daily work schedule).
(i)_J~_':I_t~~!~_':'.l_~!'!!_!~_f_~_I!lHY_?!!'!~_M~_<;t!~~J_h~~,,_~_f~r_!h~__~~~h_~!_~__C?hll_<;t_~r_~h~.-·-··{~D_el_et_ed_:_d -/
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 or probationary employee.
(j)_At:l_~!!!R'_9Y.~~_9_~.P.!.9_~?!!l9.t:l.~!Y_~':'.l'p_I~y.~_~.m?!rr!~<;t__t_9_?!~~t~_~!._~mR!9Y.~~_9_~.-·-··{,_D_e_le_te_d:_e ->
probationary employee at the City is entitled to an aggregate amount of Family and
Medical Leave that does not exceed twelve (12)workweeks 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 them.However,if Family and Medical
Leave is needed to care for a child with a serious health condition,both the mother and
father are entitled to Family and Medical Leave.In such circumstance,a husband and
wife may each take twelve (12)weeks of Family and Medical Leave if needed to care
for their newborn child with a serious health condition, provided they have not
exhausted their entitlements during the applicable 12-month Family and Medical Leave
period.
1·--------(!5.):Af:~:rn[(y:~r:M~~)~~(:~~~Y.~:~h~(I:~~:~:0J?~!~~:~~~~P:(~h~!:~:0:~:rnp.(~y~~:~~::::::::::::~::::::1>=~-e-::-:-:;..::;-----------=<
probationary employee may use any accumulated vacation leave,sick leave,
24
Competitive Service Employee Personnel Rules
Last Amended on.£\l:lg~_~t ,_2_Q1.L _
.{Deleted:May
Attachment 5-30
compensatory time,administrative leave and wellness leave during the leave provided
for in this Section.
(I)_I~~_GH~_~_~~!tm~!~_~~jD_9~~l:IP__~~~l~~_jD~l:Ir~_I}~~_9~X~~~g_~_f~r_~D_~_~P!~Y_~~_~~-----{,-De~let..:...e_d:-:::g~~
probationary employee (including dependent coverage)while taking Family and
Medical Leave at the level and under the conditions that the City would otherwise have
provided coverage 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.
(m)__I;_~~~~~_~~_~~~_~_~!~~_R~m~i~~~~_~Y_!~'!VJ_~_~~gl:l_~_~t_f~~_f:~~j!y'_~_I}~_M~_<;l_i~~I __~~~Y_~-----{,-De_le_te_d:_h ---J
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 certifications set forth in subsections
0)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.
(O)_W_~_~r~_th~_~_~p!~Y_~_~_~~_R~~~_~_tj~D~~_~!T!Rlgy~~_~~_~~~-'_~~x~_(C?rp!~~_I}_~~-----{,-De~le..:...te..:...d:_i ---J
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 operations of the City.
(g)__f::.~__~mRlC?y~~_~~_p_~C?_~~t!~n_~_ry_~rDp-'~~~~_r~_q!-!~~~iDg_l~_~X~_l:I_':l_<;l~r.th!~__~~9_~~D -__--{~D_el_et_ed_:..:...i ---'
because of a serious health condition shall provide medical certification from the
appropriate health care provider on a form supplied by the City.Failure to provide the
required certificate in a timely manner (within fifteen (15)days of the leave request)
may result in denial of the leave request until such certification is provided.
Recertification is required if leave is sought after expiration of the time estimated by the
health care provider.Failure to submit a required recertification can result in
termination of the leave.The certification shall contain,at a minimum,the following
information:
(1)The date on which the serious health condition began;
(2)The probably duration of the serious health condition;
25
Competitive Service Employee Personnel Rules
Last Amended on.(\ugust ,_?_Q~.L _
"{Deleted:May
Attachment 5-31
(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;and
(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 car~..._··{~D_el_et_ed_:_:a_n_d ...J
(p.).f.9f.f.E;!~~~~.t.~.!D.'!~!YJng.~~.E;!..E;!!nRl9Y~~'.~.~r.Rr~~~.~i~n?!rY..E;!-,nRl9Y~~:~.~,!!.r).~~rl9.Y.~._{~D_el_et_ed_:_k ~
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.
(g,).pl.lri.r).9.~~~J.E;!~X~,..~~~.9J~y..rD.~Y..r~C1YJf.E;!.R~rl9.~.i~.r~C;:.E;!!1jf!C;:.~~!~D ..~y'.?!.~.E;!.~!!h.C;:~f~..._..····{I_D_e_let_e_d:_I -.J
provider and other periodic reports.
(Q.~~c;:~R~.?!~.~~~~~j~~.Pf.9Xl~.E;!.g.RY.J~'!!)..YR~n.r~~Y.~r).ff.9!n.~?!rDJ)y..~J:l~.M~~J~?!l _..····{I_De_let_e_d:_m ...J
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.
(§).P.~i~f.~~.r~~u.rDJ.r)9.~9..~~r~,-.~.r.r.~IT!PJ~Y.~~..9f.Pf~R?!~l9.r.r~fY..~rDP!~Y.E;!~.'!!.~.9.~~~~.~_{I_De_let_e_d:_n -.J
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.
(j;).I~j~.~.E;!~~l9.r).~~.~J).~~Jm~n~r~~~g..~n~.?!p.p)j~~..in.?!.rD.~.r)n~r.~9.r)~l~.t.E;!m.'!!j~~_..····{I_De_let_e_d:_o ...J
applicable federal and California law.
26
Competitive Service Employee Personnel Rules
Last Amended on.8l,lgl,l.~t ,.?Q~.L __
,,{Deleted:May
Attachment 5-32
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.
27
Competitive Service Employee Personnel Rules
Last Amended on.,6ugust •.?Q~L __
"{Deleted:May
Attachment 5-33
RULE VIII
WORKERS'COMPENSATION
AND UNEMPLOYMENT INSURANCE
(ADOPTED 01/31/02,AMENDED 12/20105,AMENDED 05/17/11)
SECTION 1 -WORKERS'COMPENSATION AND UNEMPLOYMENT
INSURANCE:The City provides Workers'Compensation and Unemployment
insurance to all employees,in accordance with California law.While not generally
covered by these rules,the City also provides workers'compensation coverage for any
person who performs volunteer service without pay for the City and for part time
employees (Resolution No.79-87).
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 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 return to work
certificate signed by the attending doctor.
28
Competitive Service Employee Personnel Rules
Last Amended onf\ugust ,_?_QJL __
,{Deleted:May
Attachment 5-34
RULE IX
EMPLOYEE EXPENSES
(ADOPTED 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 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 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.
29
Competitive Service Employee Personnel Rules
Last Amended on,t\ug~_~t ._?_On __
"(Deleted:May
Attachment 5-35
RULEX
TERMINATION PROCEDURES
(ADOPTED 01/31/02,AMENDED 05/17/11)
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 least
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 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 judgment 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
or employment may be laid off without taking disciplinary action and without the right of
appeal.Except as otherwise determined by the City Council,the City Manager,when it
becomes necessary in the interest of economy,because the necessity for a position no
longer exists or for other legitimate purpose,may abolish any position or employment
in the Competitive Service and may layoff an employee holding such position or
employment without taking disciplinary action and without 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,equivalent pay if laid off immediately,or a combination
of notice and pay totaling ten (10)working days if laid off with less than ten (10)
working days notice.
30
Competitive Service Employee Personnel Rules
Last Amended on,6ugust ,_?_()~.L __..
,(Deleted:May
Attachment 5-36
(c)An employee,promotional probationary employee,or transfer 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 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 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 XV,
Section 3.
SECTION 3 -RETIREMENT:The City shall pay the full employee's or
probationary employee's contribution to the California Public Employees Retirement
System (CaIPERS).
31
Competitive Service Employee Personnel Rules
Last Amended on .8l,lgl,l_~t '_?_On _
,{Deleted:May
Attachment 5-37
RULE XI
GRIEVANCE PROCEDURES
(ADOPTED 01/31/02,AMENDED 05/17/11)
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.
32
Competitive Service Employee Personnel Rules
Last Amended on,6ug~_~t ,_?_<nLuu
"{Deleted:May
Attachment 5-38
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)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)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/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)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)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
33
Competitive Service Employee Personnel Rules
Last Amended on.6ugl:H~t ,_?_lnL _
ADeleted:May
Attachment 5-39
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.
34
Competitive Service Employee Personnel Rules
Last Amended on.6ug~_!!t ,_?_q~L __
,(Deleted:May
Attachment 5-40
RULE XII
DISCIPLINE PROCEDURES
(ADOPTED 01/31/02,AMENDED 04/05/05...
AMENDED 05/17/11,AMENDED 08//11)
SECTION 1 -AUTHORITY TO DISCIPLINE:The City Manager,.Q_E?I2~!~_q~__h_h ------{Deleted:Assistant
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.
35
Competitive Service Employee Personnel Rules
Last Amended on.6l,lgl,l_~t ,_?_Q~Jhhh
"{Deleted:May
Attachment 5-41
(i)The use of any substance,controlled or purchased over-the-counter,which
impairs the employee's performance of his/her duties.
G)Unexcused absences.
(k)Conviction of a felony or conviction of a misdemeanor involving moral
turpitude,including but expressly not limited to,any conviction for any offense set forth
in the City of Rancho Palos Verdes Policy for conducting Criminal Background Checks
and Securing Received Criminal History Information.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 Workers'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.
(0)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.
36
Competitive Service Employee Personnel Rules
Last Amended on,6ug~_~t ._?_lnL __
,,(Deleted:May
Attachment 5-42
(y)Failure or refusal to carry out an order or directive of a supervisor.
(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,,ReRuty 9J~_M~_I}_~g~r_~r ----{Deleted:Assistant
members of City boards and commissions.
(cc)Failure to report any criminal conviction and/or arrest pending final
adjudication as required by the City of Rancho Palos Verdes Policy for Conducting
Criminal Background Checks and Securing Received Criminal History Information.
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 or 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)days of the employee's receipt of the written
record.
(b)Written Reprimand.A written statement relating to an action or omission which
meets any of the grounds for disciplinary action listed in these Rules,indicating that
there is cause for dissatisfaction with the employee's services and that further
disciplinary measures may be taken if the cause is not corrected.The written
37
Competitive Service Employee Personnel Rules
Last Amended on,8uglJ~t ,_?_q~J __
,{Deleted:May
Attachment 5-43
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)days of the employee's receipt of the written statement.
(c)Suspension.The temporary separation of the employee from City service
without pay for disciplinary purposes for a period not to exceed thirty (30)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 of an employee to a lower 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 payor
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.
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SECTION 5 -APPEAL OF DISCIPLINARY ACTIONS:An employee who has
been suspended,demoted,reduced in payor dismissed for disciplinary reasons,may
appeal the disciplinary action.
In order to appeal the disciplinary action,the employee must file a written notice of
appeal with the City Manager for a hearing within ten (10)working days after having
been furnished with a copy of the notice of disciplinary action.
SECTION 6 -TIME OF HEARING:The hearing on the employee's appeal shall
be conducted within ninety (90)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:
I (a)The City Manager ~~().':l.q!-!~U~.~.h~~~i.':l.g or the City I'v]~nager may ._{__D_e_let_e_d:_sh_a_1I ...J
designate any third party to conduct the hearing.If the City Manager files the written
statement to discipline an employee that works directly for the City Manager,then the
1 .Q.~Q~ty qty.M~':l.~.g~r.~~~':l.c;i.~.qn~.~__~~~r!!1.g __0!~h~R~Quty City Ma':l.~g~r !T!~Y..__.:Deleted:Assistant
designate any third party to conduct the hearing..Deleted:shall'--.-J
(b)Hearings shall be conducted in the manner most conducive 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.
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(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.
(k)Within thirty (30)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)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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"{Deleted:May
Attachment 5-46
RULE XIII
NON-DISCRIMINATION POLICY
(ADOPTED 01/31/02,AMENDED 05/17/11,AMENDED 08//11)
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 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 (including,for all purposes of this section,probationary
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 defined 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 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 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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"{Deleted:May
Attachment 5-48
(i)Verbal Harassment.This form of harassment includes,but is
not limited to,epithets,jokes,derogatory comments,negative stereotyping,slurs or
other verbal conduct that denigrates or shows hostility or aversion toward an employee
or applicant based on his/her protected status,or the protected status of his/her
relatives,friends,or associates.
(ii)Physical Harassment.This form of harassment includes,but is
not limited to,assault,unwelcome touching,impeding or blocking movement,
threatening acts,intimidating acts,hostile acts or other physical conduct that
denigrates or shows hostility or aversion toward an employee or applicant based on
his/her protected status or the protected status of his/her relatives,friends,or
associates.
(iii)Visual Harassment.This form of harassment includes,but is
not limited to,displaying pictures,posters,cartoons,drawings,or other written or
graphic materials that denigrates,shows hostility or aversion or are derogatory toward
an employee or applicant based on his/her 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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,,{Deleted:May
Attachment 5-49
(d)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.
(2)The City will promptly,thoroughly and objectively investigate charges
of unlawful harassment.The,QeRuty'g.i~J0.~.':I?!9~~LC?n~~~U:;:.i~.M~n?!9~~!J.uh~..Rel2L!t¥.{Deleted:Assistant
City Manager is the alleged harasser,shall investigate and attempt to resolve all Deleted:Assistant
harassment complaints.The,Q~R':I.t'l.g.i~X.M~.':I?!9~~.C?~.t~.~.g.i~y..~.~.':l~g~~.~.~'y.?!~.~j9~_···Deleted:Assistant
responsibility to investigate harassment charges to another competent personJ.
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.
(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
I .R.el2ut'l.qty..M?!n.~.g~r!.~~.!h~..9.ltY..M?!~.~.g~r!.!f.t~.~...Q~Qu!'l.9.!!Y..ty1?!!,,!?!g.~.r:.i~.t~.~..~!!~.g~~....._::····Deleted:Assistant
harasser.Deleted:Assistant
(4)An immediate supervisor or Department Head receiving a complaint of
harassment shall immediately report it to the ..Qel2.L!t'l.9.lW__ty1?!r'.~g.~~!.~r !h~.9.!W {Deleted:Assistant
Manager if the ..Q.e.p.L!t'l.9.lW.M?!r'.~.g.~r j~.t~.~.?!!I.~.9~~.~.~.~~.~~~r ~___{Deleted:Assistant
(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,commissioners,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.
44
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,,{Deleted:May
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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.
(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.Qel?uty:_g!~Yh_------{Deleted:Assistant
Manager,or if the alleged harasser is the.Qeputy:_gj~y'_ry1~!,,!?!g_~r,J~~_GHy'_ry1_~fl~9~~:_I~_~__------{Deleted:Assistant
empl.oyee has the discretion to direct the complaint to any of the positions listed above.
Applicants shall file harassment complaints with the.QeRutY_G.i~y._M~_':l~g~~L9.~_~~_~_G.ity.m__------{Deleted:Assistant
Manager,if the .Qel2 uty:q~YJY1?!J:1_~_g~r.i~_~~~_~ll_~g~~_~_~r~~~~_~.h h __m h_h_hm_m hh_hhhh_------{Deleted:Assistant
(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
I .ReQuti_q~Y_M?!J:1_~_g~~!_~r!_!tt.~~_.R~l2u~y_q~y.M?!J:1_~_g~r.!~_~~~_~ll_~g~~_~_~_~~_~~~_~,--t.<?_~h~<----Deleted:Assistant
City Manager.A formal complaint should be filed within ten (10)working days of the -Deleted:Assistant
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 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.Qe.p.uty:_gj~_ry1~!,,!?!g_~r.<?rh~_R~r~9_':lm h_------Deleted:Assistant
assigned by the City Manager or the.Qeputy:_gj~_ry1~!,,!?!g_~r'h~h?!IJ.!!,,!y_~_~!!g_~~~_~9_r:D.P.!?!i.':l~~__------Deleted:Assistant
of harassment by taking the following steps:
(a)Review the written complaint;
(b)Interview the complainant,the alleged harasser and any
others who may have relevant evidence;
(c)Review pertinent documents or records;
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,A Deleted:May
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(d)Prepare a written report regarding the findings and
conclusions reached.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 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.
(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
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Last Amended on.8l,lglJ_~t ,_?_O~L _
,,{Deleted:May
Attachment 5-52
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,payor 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 (202)663-4895 (voice)
or (202)66~-4399 (TDD).
(h)QUESTIONS.Questions regarding this policy should be directed to the
Personnel Officer.
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,{Deleted:May
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RULE XIV
VIOLENCE IN THE WORKPLACE
(ADOPTED 01/31/02,AMENDED 05/17/11,AMENDED 081 111)
SECTION 1 -STATEMENT OF POLICY:The City is committed to providing a
safe workplace that is free of violence or the threat of violence.In support of this
commitment,the City strictly prohibits employees and non-employees,while on City
premises or engaged in City-related activities,from behaving in a violent or threatening
manner.Under this policy,the City also seeks to prevent workplace violence before it
begins and reserves the right to address behavior that reasonably suggests a
propensity toward violence,even where actual violence has not yet occurred.
Retaliation against a person making a report of workplace violence or cooperating in an
investigation of possible workplace violence is also prohibited.
SECTION 2 -DEFINITIONS:
(a)Workplace violence includes,but is not limited to the following:
(1)Fighting or challenging another person to fight,including but not
limited to striking,slapping,punching,spitting or physically assaulting;
(2)Threats intended to place a person in fear of physical harm or that
would cause a reasonable person to be placed in fear of physical harm;
(3)Threatening,physically aggressive or violent behavior,such as acts
of intimidation,stalking or any activity that attempts to instill fear in others;
(4)Other behavior that suggests a propensity toward violence,such as
belligerent speech,excessive arguing or swearing,sabotage or threats of sabotage
toward City property or a demonstrated pattern of refusal to follow City policies or
procedures;
(5)Throwing objects with the apparent intent to harm another person
or place any person in reasonable fear of harm;
{6)Defacing or vandalizing City property;or
(7)Except as authorized by the City Manager,bringing any weapon or
firearm of any kind onto City property (including parking lots)or while conducting City
business.
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
I ~hE?ci1f~~~~i~t~[yCl-~~i[~r t~h:g~tr~~~~~~:M'~~1i~f:~~[~~~~~~nii~[~~M~~?~:r~~::::::::~::::::{::::;:::::::~:
involved in the alleged violence,the City Manager.Instances of prohibited retaliation -.-Deleted:Assistant
may be reported in a similar manner.
SECTION 4 -INVESTIGATION:All complaints or allegations will be
investigated promptly and thoroughly.The.R~R~tY_9.iJY_MCl_':l~g~r_~jIL~_E?_r~~P_9_':l~l~J~J~r__--_---{Deleted:Assistant
assuring that an appropriate investigation is completed,except where the.R~QuJ'{_GHx ------{Deleted:Assistant
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 commissioners,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 XV
MISCELLANEOUS PROCEDURES
(ADOPTED 01/31/02,AMENDED 05/17/11)
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 are-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/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 these Rules,unless herein otherwise specifically provided,may be given
either by personal service or by mail.In the case of service by mail,the notice must be
deposited in the United States mail,in a sealed envelope,with postage prepaid;
addressed to the person on whom it is to be served;at the address in any notice given
by him/her of his/her last known address,and,if there be no last known address,then
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addressed to him/her at the City (if still associated with the City in some capacity).
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 layoff employees or probationary
employees;the right to determine and change staffing levels and work performance
standards;the right to determine the content of the workday,including without
limitation,workload factors;the right to determine the quality and quantity of services to
be offered to the public,and the means and methods of offering those services,the
right to contract or subcontract City functions,including any work performed by
employees or probationary employees;the right to discipline employees,including the
right to reprimand,suspend, reduce in pay,demote and/or terminate employees;the
right to relieve employees or probationary employees of duty,demote,dismiss or
terminate employees or probationary employees for non-disciplinary purposes;the
right to consolidate City functions;the right to determine City functions;the right to
implement,modify and delete rules,regulations,resolutions and ordinances;the right
to establish,change,combine wages or eliminate jobs,job functions and job
classifications;the right to establish or change wages and compensation;the right to
introduce new or improved procedures,methods,processes or to make technological
changes;and the right to establish and change shifts,schedules of work,and 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 employees shall be limited to no more than two
(2)incentive pay awards in a twelve (12)month period.
51
Competitive Service Employee Personnel Rules
Last Amended on .{\ugu_st '_?_q~L m
:{Deleted:May
Attachment 5-57
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 one (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 is 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
Beginning of 1st month through 2 years
Beginning of 3rd year through 5 years
Beginning of 6th year through 15 years
Vacation Accrual Rates
3.85%of the hours worked per month
4.62%of the hours worked per month.
5.77%of the hours worked per month
52
Competitive Service Employee Personnel Rules
Last Amended onf\lJgu_~t ,_?_CnLuu
"{Deleted:May
Attachment 5-58
Beginning of 16th year and more
SICK LEAVE:
ALL OTHER LEAVE:
RETIREMENT:
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.
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.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 (1)year,to reduce
the employee's accumulated vacation leave below
the maximum.
Each shared-position employee shall earn sick leave
at the rate of five percent (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
sixty (360)hours.
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),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.
The City shall pay the full employee contribution to
the California Public Employees'Retirement System
53
Competitive Service Employee Personnel Rules
Last Amended on.£1lJ9ust ,.2.Q~.1.hh.
,,{Deleted:May
Attachment 5-59
HEALTH INSURANCE:
LIFE INSURANCE:
LONG TERM DISABILITY:
ACCIDENTAL DEATH AND
DISMEMBERMENT:
MEDICARE:
(CaIPERS)for each shared-position employee who is
a member of CaIPERS.
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.
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.
The City shall pay the entire premium of the
employee's long term disability insurance policy.
The City shall pay the entire premium of the
employee's accidental death and dismemberment
insurance policy.
The City shall pay the federal mandatory contribution
for each shared-position employee.
54
Competitive Service Employee Personnel Rules
Last Amended on,8",gu_st ._?_On _
"{Deleted:May
Attachment 5-60
RULE XVI
MEDICAL EXAMINATION PROCEDURES
(ADOPTED 12/20105,AMENDED 05/17/11)
SECTION 1 -MEDICAL EXAMINATION:Any employee may be required to
undergo a medical examination at a time designated by the Personnel Officer,if helshe
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 2 -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 3 -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 hislher 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
performing the essential functions required of the promotional or transfer position and
can meet the standards established by the Personnel Officer.
SECTION 4 -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.
55
Competitive Service Employee Personnel Rules
Last Amended onf1l,lg~st ,_?_Q~.LH __'
"{Deleted:May
Attachment 5-61
(d)Pre-employment tests for illegal drugs may be administered as part of the
application process,as set forth in Section 11,below.
SECTION 5 -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
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 6 -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
56
Competitive Service Employee Personnel Rules
Last Amended on.8l:19l:1_s.t ._?_Q1-1 _
:l Deleted:May
Attachment 5-62
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 70f 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 7 -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
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 8 -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 9 -CITY FINANCIAL RESPONSIBILITY:The City shall pay for any
medical examination required under the provisions of this Rule.
SECTION 10 -CONFIDENTIALITY:Medical information will be kept
confidential,on separate forms and in separate locked medical files,and shall be
57
Competitive Service Employee Personnel Rules
Last Amended on,8ygu_st ,_?_Q~J ,
"(Deleted:May
Attachment 5-63
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 11 -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 may 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 12 -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 13 -NON EXCLUSIVITY:This Rule shall not preclude the City from
requiring medical examinations under circumstances otherwise permitted or authorized
under federal or state law.
58
Competitive Service Employee Personnel Rules
Last Amended on,f;Ll9Ll!lt ,.?<m __....,
,{Deleted:May
Attachment 5-64
RULE XVII <--u u -{Formatted:Centered
DRUG AND ALCOHOL POLICY <-.--u'{Formatted:Centered
(ADOPTED 08//11)<-.- -_.-{Formatted:Centered
SECTION 2 -GENERAL POLICY:
(2)Use or be under the influence of alcohol to any extent that would ....--
impede the employee's ability to perform his or her duties safely and effectively;or
(c)No employee shall perform duties which the employee cannot perform ....-
without posing a threat to the health or safety of the employee or others because of
drugs taken under a legal prescription or otherwise authorized.
(3)Have a measurable amount of any illegal or unauthorized drug
(including metabolites)or alcohol in his or her body,as determined by a drug and
alcohol test and subject to minimum cut-off values for testing.
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(1)Use,possess or be under the influence of illegal or unauthorized
No employee while on duty,reporting for duty or on standby for duty(a)
(b)An employee must notify his/her supervisor or the Personnel Officer,<----
before beginning work,when taking any medications or drugs,prescription or
nonprescription,which may interfere with the safe and effective performance of duties
or operation of City equipment.
SECTION 1 -PURPOSE AND APPLICATION:The City is committed to
providing a workplace that is free from the effects of drug and alcohol abuse.Drug and
alcohol abuse has been found to be a contributing factor to absenteeism,tardiness,
substandard performance,increased potential for accidents,disruptive behavior,
increased workload for co-workers,poor morale and impaired public relations.To
further its interests in service to the community,avoiding accidents,promoting and
maintaining a safe and productive workplace and protecting City property,equipment
and operations,the City has adopted this policy.This policy is intended to apply to all
employees,regardless of appointment type or time basis,including,without limitation,
full-time,part-time,temporary,emergency,competitive service,management and
probationary employees.The provisions of this policy are in addition to any policies or
procedures involving the same or similar matter,such as any procedures regarding
pre-employment drug testing.
59
Competitive Service Employee Personnel Rules
Last Amended on.t\ugu.s~,.?(?1.tuw
"{Deleted:May
Attachment 5-65
(d)Employees shall be subject to drug and alcohol testing ("substance
testing")when there is a reasonable suspicion the employee has violated sub-section
(a),above.In addition,an employee who has already been found in violation of sub-
section (a),above,through an adverse employment action (as applicable),medical
examination,testing procedures or the employee's own admission,may be required to
submit to periodic substance testing for a period of one year,as a condition of
remaining in employment.
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SECTION 3-REASONABLE SUSPICION:+--._---Formatted:No underline•_ _uu_u_uu_u_uu_uu_u u_uu_uuu_u_uu_-__,~..;,;...;,;.========\
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(a)Reasonable suspicion is the good faith belief based on specific
articulable facts or evidence and reasonable inferences drawn from such facts and
evidence that an employee may have violated this policy and that substance testing
may reveal evidence related to that violation.
(b).Facts or evidence supporting reasonable suspicion may include,but are +-
not limited to,an employee'smanner,gisposition,muscular movement.appearance,
unusual behavior,speech,or breath odor;information provided by an employee,law
enforcement official or other person believed to be reliable;or other surrounding
circumstances.
(c)Where the initial reasonable suspicion determination is based on Formatted:Indent:Left:0",First
observed behavior and it .is practical to do .so,the employee may be asked about the ~~~e~~'~~i~n~~~d~~~:~:Don't
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(d)For purposes ofsubstancetesting,reasonable suspicion will only exist Formatted:Indent:Left:0",First
after the Personnel Offjcer,,geR~t¥CitM ManagerLCit¥.Manag_~ror desi9.n~!.e of the u _m __~~~e~'~'~~~n~~~d~::~:~Don't
City Manager have reviewed the facts,evidence and circumstances in a particular case ""adjust space between Asian text and
and concur in the finding ofreasonable suspicion.In the event the Personnel Officer,'">=n,,;;u;,.;rn_be_rs,;,.,T_a;,.;bs_:N..;o..;ta..;t..;3_.6_9"===<
..QeQut'i City Manager}CitM Manager or designate qf the City Manager are unavailable,____'>=D_e"",le"",te_d:=A=Ss=is=ta=nt========-<
a supervisor or manager who is at least one level of supervision above a supervisor or Deleted:Assistant
manager making the initial reasonable suspicion determination may make the review
and determination .under this paragraph.
(e)Following concurrence,as provided above,the facts,evidence and ...-
circumstances on which the reasonable suspicion is based will be.summarized in
writing.
SECTION 4-.SUBSTANCE TESTING:umu_u u __mum_mm_mmmu __mm_mmu"::
(a)Where reasonable suspicion exists,as defined in this policy,the involved +',''',
employee may be requested to take a substance test in accordance with the ",'
procedures in this policy.If the employee refuses to cooperate with the administration
of the test.the refusal will be considered a positive test result.A refusal to cooperate
includes,but is not limited to,refusing to appear for a test:unreasonably failing to
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Deleted:May
60
Competitive Service Employee Personnel Rules
Last Amended on.flugu~t ,_?_Q~_Luu'
Attachment 5-66
submit a sample for testing;tampering with,substituting,adulterating,masking or
water-loading a sample;or obstructing or not fUlly cooperating with testing procedures.
(b)The employee will be referred to an independent.Substance Abuse &
Mental Health Services Administration (SAMHSA)-certified medical clinic or laboratory,
which will administer the substance test.The employee will have the opportunity to
alert the clinic or laboratory personnel to any prescription or non-prescription drugs that
the employee has taken that may affect the outcome of the test.
(c)Drug testing will be by a process at least as accurate and valid as
urinalysis using an immunoassay screening test.with the positive test results
confirmed using gas chromatography/mass spectrometry before a sample is
considered positive.
(d)Alcohol testing will be by a process at least as accurate and valid as
urinalysis using an enzymatic assay screening test with all positive screening results
being confirmed by using gas chromatography before a sample is considered positive
or breath sample testing using breath alcohol analyzing instruments which meet
California Department of Health Services standards (such as 17 CCR 1221.2,1221.3).
(e)Substances to be tested for may include:amphetamines and
methamphetamines,cocaine,mariiuanalcannabinoids (THC),opiates (narcotics),
phencyclidine (PCP),barbiturates,benzodiazepines,methaqualone and alcohol.Other
controlled substances may be added to the list where their use is reasonably
suspected and items may be dropped from the list,where appropriate.
(f)Cut-off levels may be established by the City after consultation with
expert staff of the laboratories or other qualified personnel.Cut-off.levels will be set to
identify positive test samples While reasonably minimizing false positive test results.
The designated levels may change over time based on changes in technology,testing
experience or other factors.
(g)In the event cut-off levels are nolestablished prior to any test,the City
will use cut-off levels established in the SAMHSA Mandatory Guidelines for Federal
Drug Testing Programs.Any other provision of this policy notwithstanding,the cut-off
level established for a positive alcohol test (both initial and confirmation)will not be less
than 0.02 percent (0.02 gm/21 0 liters of breath or 0.02 gm/deciliter of blood or 0.02
mg/ml of urine).
(h)Test samples will be collected in a clinical setting Llsing procedures
designed to assure that true samples are obtained.Chain of custody procedures will
be followed through the testing process,to its final disposition.
(i)The cost of reasonable suspicion testing under this policy will be paid by ...·
the City.Transportation will either be provided or paid for by the City.
61
Competitive Service Employee Personnel Rules
Last Amended on.flugu~t ,_?_Q~L ....
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Deleted:May
Attachment 5-67
(j)Pending test results,an employee may either be temporarily reassigned
or placed on administrative leave.
SECTION 5 -MEDICAL REVIEW OFFICER::l________•_
(a)A medical review officer (MRO),who is a California licensed physician
with the appropriate medical training to interpret and evaluate a confirmed positive test
result.will be used in the testing process.For confirmed positive results,the MRO will:
(1)Review the results and determine if the applicable standards and
procedures have been followed.
(2)Advise the employee of the results and provide the employee with
an opportunity to discuss and explain the results,including the opportunity to provide
the MRO with information regarding any medication which may have affected the
results of the test.
(3)Consider any assertions by the affected employee of irregularities
in the sample collection and testing process.
(4)Based on the above,provide a written explanation of the test
results to the City.
(b)An MRO may report a positive test result to the City without discussion
with the involved employee if:
(1)The employee has expressly declined the opportunity to discuss
the test results with the MRO.
(2)Documented contact has been made with the employee who has
been instructed to contact the MRO within 72 hours and more than 72 hours have
passed since that time.
(3)Neither the City nor the MRO,after making and documenting
reasonable attempts to contact the employee,have been able to contact the employee
within seven (7)days of the date on which the MRO receives the test results from the
laboratory.
SECTION 6 -.CONFIDENTIALlTY:All records of the circumstances and resu.l~s .
of substance testing under this policy will remain confidential personnel records.
Laboratory reports and test results will be maintained in a file separate from the
employee's personnel file.Information may only be released:to the employee who
was tested or other individuals designated in writing by the employee:to the MRO;to
the extent necessary to properly supervise or assign the employee;as necessary to
determine what action should be taken in response to the test results;and for use in
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62
Competitive Service Employee Personnel Rules
Last Amended on,6ugust ,_?_Q~.L'h_
ADeleted:May
Attachment 5-68
responding to appeals,litigation or administrative proceedings arising from or related to
the test or related actions.
SECTION 7-..aLJE_$II9N$~_A!1.YJ!1?!tt~~_l}_9t_~p'~cjfic;;ally a~~~~s~~~:IJIJJh~~_E?:<:::-,:-'{Formatted:No underline
procedures may be handled in accord with the established procedures of the medical .Formatted:Indent:Left:0",First
facility performing the substance test or the SAMHSA Mandatory Guidelines for line:0.5",Don't adjust space
....between Latin and Asian text,Don'tFederalDrugTestmgProgramsorasotherwisereasonablydetermmedbytheCity.adjust space between Asian text and
Questions regarding this policy should be directed to the Personnel Officer.numbers,Tabs:Not at 3.69"
63
Competitive Service Employee Personnel Rules
Last Amended on,8l,lgl,l_~t ,_2_Q~_L.___
,,(Deleted:May
Attachment 5-69
PClg!i!52:[:l.JFonnatb:!d Author 1/1120:1.:1.12:53:00 PM
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Attachment 5-70
CITY OF RANCHO PALOS VERDES
MANAGEMENT EMPLOYEE
PERSONNEL RULES
ADOPTED:
JANUARY 31,2002
AMENDED:
DECEMBER 20,2005
MAY 1,2007
August !2011
Attachment 5-71
TABLE OF CONTENTS
RULE I EXEMPT EMPLOYEES
RULE II DEFINITION OF TERMS
Page
1
2
RULE III SCOPE OF APPLICATION,EXCLUSIONS AND AT-WILL EMPLOYEE
STATUS 4
SECTION 1 -APPLICATION AND EXCLUSIONS 4
SECTION 2 -AT-WILL EMPLOYEE STATUS 4
RULE IV REGULAR COMPENSATIONI PERFORMANCE EVALUATIONS 5
SECTION 1 -INITIAL EMPLOYMENT 5
SECTION 2 -MERIT ADVANCEMENT WITHIN A RANGE 5
SECTION 3 -TOP OF THE RANGE 5
RULE V LEAVES
SECTION 1 -VACATION LEAVE
SECTION 2 -ADMINISTRATIVE LEAVE
SECTION 3 -SICK LEAVE
SECTION 4 -WELLNESS LEAVE
SECTION 5 -BEREAVEMENT LEAVE
SECTION 6 -JURY DUTY
SECTION 7 -LEAVE OF ABSENCE WITHOUT PAY
SECTION 8 -PREGNANCY DISABILITY LEAVE
SECTION 9 -MILITARY LEAVE
SECTION 10 -PAID HOLIDAY LEAVE
SECTION 11 -FAMILY AND MEDICAL LEAVE
6
6
7
8
8
9
9
9
10
12
12
13
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August !201 \/
Attachment 5-72
SECTION 12 -OTHER LEAVES
Page
15
RULE VI WORKERS'COMPENSATION AND UNEMPLOYMENT INSURANCE 16
SECTION 1-WORKERS'COMPENSATION AND UNEMPLOYMENT
INSURANCE 16
SECTION 2 -ON-THE-JOB INJURIES 16
RULE VII EMPLOYEE EXPENSES 17
SECTION 1 -MILEAGE AND PARKING EXPENSES 17
RULE VIII TERMINATION PROCEDURES 18
SECTION 1-DISCIPLINE AND TERMINATION 18
SECTION 2 -RESIGNATION 18
SECTION 3 -RETIREMENT 18
SECTION 4 -LAYOFFS 18
RULE IX NON-DISCRIMINATION POLICY 19
SECTION 1 -EQUAL EMPLOYMENT OPPORTUNITY STATEMENT 19
SECTION 2 -POLICY AGAINST HARASSMENT 19
RULE X VIOLENCE IN THE WORKPLACE
SECTION 1 -STATEMENT OF POLICY
SECTION 2 -DEFINITIONS
SECTION 3 -REPORTING PROCEDURES
SECTION 4 -INVESTIGATION
SECTION 5 -DISCIPLINE OR OTHER ACTION
RULE XI MISCELLANEOUS PROCEDURES
SECTION 1 -OUTSIDE EMPLOYMENT
26
26
26
26
27
27
28
28
ii
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \/
Attachment 5-73
SECTION 2 -MANAGEMENT PREROGATIVES
SECTION 3 -INCENTIVE PROGRAMS
RULE XII MEDICAL EXAMINATION PROCEDURES
SECTION 1 -MEDICAL EXAMINATION
SECTION 2-NEW HIRES OR RE-HIRES
SECTION 3 -PROMOTION OR TRANSFER
SECTION 4 -PROCEDURE
SECTION 5 -FINDINGS OF MEDICAL EXAMINATION
SECTION 6 -ABSENCE DUE TO ILLNESS OR INCAPACITY
SECTION 7 -FITNESS FOR DUTY
SECTION 8 -QUALIFIED PHYSICIAN
SECTION 9 -CITY FINANCIAL RESPONSIBILITY
SECTION 10 -CONFIDENTIALITY
SECTION 11 -PRE-EMPLOYMENT DRUG TESTING
SECTION 12-NONDISCRIMINATION
SECTION 13 -NON EXCLUSIVITY
RULE XVII DRUG AND ALCOHOL POLICY
SECTION 1 -PURPOSE AND APPLICATION
SECTION 2 -GENERAL POLICY
SECTION 3 -REASONABLE SUSPICION
SECTION 4 -SUBSTANCE TESTING
SECTION 5 -MEDICAL REVIEW OFFICER
SECTION 6 -CONFIDENTIALITY
Page
28
28
29
29
29
29
29
30
31
31
31
31
31
32
32
32
37
37
37
38
38
40
40
iii
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \_h_/
Attachment 5-74
SECTION 7 -QUESTIONS
TABLE 1 MANAGEMENT EMPLOYEES
iv
41
~_..._.•-{Deleted:33
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 k.m/
Attachment 5-75
RULE I
EXEMPT EMPLOYEES
(ADOPTED 01/31/02)
Management employees covered by these Rules are exempt from the overtime
pay requirements of the federal Fair Labor Standards Act and,therefore,shall not be
eligible for overtime compensation or compensatory time off.Nothing in these Rules
shall be construed to require an action that will invalidate an employee's exempt status.
The City Manager shall have the authority to waive or modify any requirement or action
that would otherwise invalidate an employee's exempt status.
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 k /
Attachment 5-76
RULE II
DEFINITION OF TERMS
(ADOPTED 01/31/02,AMENDED 05/01/07,AMENDED 08//11)
Whenever used in these Management Employee Personnel Rules,the following
terms shall have the meanings set forth below:
SECTION 1 -CONTINUOUS EMPLOYMENT/SENIORITY:Total full-time spent
in the employ of the City,including all days of attendance at work,and approved leaves
of absence whether paid or non-paid,but shall not include unauthorized absences,
time spent between employment with the City,suspensions or layoffs of more than
thirty (30)days.
SECTION 2 -CITY:The City of Rancho Palos Verdes.
SECTION 3 -CITY MANAGER:The duly appointed City Manager of the City of
Rancho Palos Verdes or his/her designee.
SECTION 4 -COMPETITIVE SERVICE:The competitive service established by
Section 2.46.040 of the Rancho Palos Verdes Municipal Code.
SECTION 5 -DEPARTMENT HEAD:The City Clerk,Building Official,director of
any department and deputy director of any department.These classifications are
included in this definition solely for the purpose of inclusion in the Management
Employee Personnel Rules in accordance with Rancho Palos Verdes Municipal Code
Section 2.46.050(L)and for no other purpose.Salary,benefits,and duties of
management employees shall be set forth by separate resolution of the City Councilor
as otherwise determined by the City Manager.
SECTION 6 -EMPLOYEE:Department Heads..~I}.~U~~J?~.P.!-:l!Y-S~j!y".~§~~9.~~t.~.~....__.-·-·
defined in Municipal Code Section 2.46.040 and these Management Employee
Personnel Rules,and compensated through the City payroll,who are scheduled to
work at least forty (40)hours or more per week.The terms "employee,""management
employee"and "manager"may be used interchangeably in these Rules.
SECTION 7 -EVALUATION DATE:A date established by the City Manager,a
date adjusted as required for any break in service,or a date adjusted in accordance
with the merit increase schedule outlined in Rule IV (REGULAR COMPENSATION/
PERFORMANCE EVALUATION.§)and annually thereafter.
Deleted:,the Assistant City
Manager
SECTION 8 -MANAGEMENT EMPLOYEE or MANAGER:The Deputy City
Manager,..!?~.p§!1!!!~Q!-'j~~q~J.§~9.~I}.Y_9!h~r..eosition ~~tf~r!tuD.I.~!?!~.LC?fJh~~~.m <'--··Deleted:Assistant City Manager,
Management Employee Personnel Rules or as Table 1 may be amended by the City -----Deleted:psolion
'-----'--------'
2
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 k ./
Attachment 5-77
Council from time to time subject to these Management Employee Personnel Rules,
see "employee."
SECTION 9 -PERSONNEL OFFICER:The City Manager shall serve as the
Personnel Officer as outlined in Municipal Code Section 2.46.030.
SECTION 10 -RULES:The Management Employee Personnel Rules.
SECTION 11 -TERMINATION:The cessation of employment with the City.
SECTION 12 -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.
3
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August •201 \/
Attachment 5-78
RULE III
SCOPE OF APPLICATION,EXCLUSIONS AND AT-WILL EMPLOYMENT STATIUS
(ADOPTED 01/31/02,AMENDED 05/.01/07,AMENDED 08//11)
SECTION 1 -APPLICATION AND EXCLUSIONS:
(a)The Management Employee Personnel Rules apply to all management
employees as defined in these Rules.
(b)Independent contractors and volunteers are not employees of the
City and are not management employees.Similarly,employees in the
competitive service,probationary employees,part-time employees,temporary
employees,and emergency employees are not management employees.
However,Rule IX (NONDISCRIMINATION POLICY)and Rule X (VIOLENCE IN
THE WORKPLACE)shall apply to independent contractors,volunteers,
employees in the competitive service,probationary employees,part-time
employees,temporary employees,and emergency employees,and to
applicants for management positions.
I L.
m
•SECTION 2 -AT-WILL EMPLOYMENT STATUS:mm m.m m /{~D_elet...;.ed---':11:...----'
(a)Management employees are at-will employees who serve at the
pleasure of the City Manager,and may be disciplined or terminated at any time
without prior notice or cause,and without any right of appeal.
(b)The imposition of discipline,the issuance of a performance evaluation
or rating,or the implementation of any employment action against or with regard
to any management employee (including but expressly not limited to,the
granting of a promotion or demotion to another management position,the
assignment or granting of any compensation rate,a reduction in pay,or any
merit advancement,and/or the imposition or completion of any probationary
period)shall not modify or remove the at-will status of any management
employee.
4
,fA Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \..../
Attachment 5-79
RULE IV
REGULAR COMPENSATION/PERFORMANCE EVALUATIONS
(ADOPTED 01/31/02,AMENDED 08//11)
Compensation shall be determined from a salary schedule of ranges established
by a Resolution of the City Council.Each range spread shall be approximately!bl.!:h!
percent (30%.1fr9!!1_!~_~__~.9!!Qr:!1__9_~_t~~_r§!}g~_!9 __t~~_!QR_9H~~_r§!}g~~_J2~r!Q.g_!~~_~!}':l_~_~L __._..--·{\....D...:.e...:.let-,-ed_:....:p_erc_e_nt ~
budget deliberations,the City Council shall establish a pool of funds to be used by the
City Manager for employee merit increases,l.if general fund reserves are estimated to
be sufficient to cover the cost associated with such a merit pool.
SECTION 1 -INITIAL EMPLOYMENT:The rate of compensation for initial
employment in any classification shall be determined by the City Manager at his/her
sole discretion based upon the experience,education,skills and ability of the
employee.
SECTION 2 -MERIT ADVANCEMENT WITHIN A RANGE:The only reason for
advancement within a range shall be meritorious performance in an employee's
assigned duties:
(a)Meritorious performance shall be determined by the overall rating on the
employee's performance evaluation.
(b)Merit increases shall be based on meritorious service and granted only if
sufficient funding is available within the City Manager's merit pool.Granted increases
shall be effective on the same day in which the employee's evaluation date falls,
whether or not the performance evaluation is conducted on the evaluation date.
(c)An employee may be advanced within his/her range in accordance with the
merit pay program determined annually by the City Manager.
(d)The City Manager shall make a final determination on all proposed merit
increases based upon the overall rating on the employee's evaluation and the funds
available in the City Manager's merit pool.
(e)When an employee demonstrates exceptional ability and proficiency,such
employee may be advanced within his/her range with the approval of the City Manager,
in his/her sole discretion,within available funding,without regard to the minimum
length of service provisions contained in this section.Advancements under this sub-
section Mshall not change the employee's regular evaluation date.
SECTION 3 -TOP OF THE RANGE:In no case shall an employee's regular
salary exceed the maximum of the range established by resolution of the City Council.
5
,fA Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \.m/
Attachment 5-80
RULE V
LEAVES
(ADOPTED 01/31/02,AMENDED 08//11)
(a)Time spent by an employee on an approved paid leave shall not be construed
as a break in service or employment,and rights accrued at the time the leave is
granted shall be retained by the employee.Additionally,a leave of absence,with pay
or without pay,granted to any employee shall not create a vacancy in the position.For
the duration of any such leave of absence,the duties of the position may be performed
by another employee on an acting assignment,an independent contractor or a
temporary employee,provided that any person 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.The request shall include the expected start
and ends dates of the leave,and any f~r!~~~~!~C?}·)_~_r~g~~r:~_9_.I?Y-J~_~_p!.C?~!~i~D~gH~!~---...{'-D_e_let_ed_:_m_ed_ic_al~------'
Rule.An employee shall provid~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:
Lenath of Emolovment Vacation Accrual Rates Maximum Accumulation ..-
Beginning of 1st month 6.67 hours per month 160 hours ..
throuah 2 vears
Beginning of 3fU year 8 hours per month 192 hours ..
throuah 5 vears
Beginning of 610 year 10 hours per month 240 hours ..
throuah 15 vears
Beginning of 16m year and 8 additional hours per year Twice the annual accrual ..
more for each year of service up not to exceed 320 hours
to a maximum of 160 hours (I.e.256,272, 288,304 or
oer vear 320 hours as aoolicable)
,,----------------------------------------------------------------------------------------------------------------------------------_.!
(b)Vacation leave may be accumulated to a maximum of two year's worth of
accrued vacation leave.For specific amounts,see table,above.Once an employee
reaches the maximum vacation leave,which may be accumulated,the employee shall
6
Management Employee Personnel Rules ./
Last Amended on August ,201 'l.../
-Formatted:Centered
Formatted:Centered
Formatted:Centered
•Formatted:Centered
..Formatted:Centered
Deleted:11
.:Length of Employment vacation
Accrual Rates1l
11
Beginning of 1"month through 2
years 6.67 hours per month1J
11
Beginning of 3'·year through 5
years 8 hours per month1l
11
Beginning of 6th year through 15
years 10 hours per month1J
11
Beginning of 16th year and more 8
additional hours per year for each
year of service up to a maximum of
160 hours per year1J
..Deleted:May 1,2007
Attachment 5-81
cease to accrue any further vacation leave until the amount accumulated falls below
the maximum.
(c)The scheduling of vacation leave must be approved in advance by the City
Manager.Employees shall submit a written request to schedule vacation leave to the
City Manager within a reasonable amount of time prior to the desired date and may be
granted in accordance with the work force needs of the City.
(d)Employees will have the option to be paid for up to fifty percent (50%}of
accrued vacation leave allowed by these Rules with the approval of the City Manager,
according to procedures and deadlines established by the City Manager.
(e)Employees will have the option to be paid for vacation leave that exceeds the
maximum allowed by these Rules if a requested vacation leave is received and denied
by the City Manager due to the work force needs of the City,not less than thirty (30)
days prior to exceeding the maximum accrual.
(f)Employees shall not be granted,and accordingly are not entitled to take
vacation leave in advance of its accrual.
(g)Upon termination from employment,employees shall be paid for accumulated
vacation leave up to a maximum amount that 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:In addition to an employee's earned
vacation leave,each employee covered by these Rules may be granted up to sixty-two
(62)hours of administrative leave off per fiscal year at the sole discretion of the City
Manager.
(a)The scheduling of administrative leave must be approved in advance by the
City Manager.Employees shall submit a written request to schedule administrative
leave to the City Manager within a reasonable amount of time prior to the desired
leave.In the exercise of the City Manager's discretion,he/she shall consider the work
force needs of the City.
(b)Administrative leave may not be accumulated to the next fiscal year.
(c)Upon termination from employment,employees shall not be granted and
accordingly are not entitled to be paid for administrative leave.
(d)Administrative leave may be used for medical appointments,pregnancy
disability leave and leaves provided pursuant to the federal and California family and
medical leave statutes.
7
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August !201 \/
Attachment 5-82
(d)Sick leave may be used for medical appointments,pregnancy disability leave,
leaves provided pursuant to the federal and California family and medical leave
statutes and to care for an employee's spouse,child(ren),parent(s)or spouse's
child(ren)or parent(s)due to illness.
I v•••.••••sEcff6r.;;fj.::...s.l.cR.CEAVE:·····1'-"~_el_et_ed_:'11 --'
(a)Employees earn paid sick leave at the rate of eight (8)hours for each full
calendar month of continuous employment with the City.
(b)Unused sick leave may be accumulated to a maximum of seven hundred
I .M~n!y..(?lQ1J:t.9.Yr~:{'-D_el_et_ed_:_an_d -'
(c)In order to receive paid sick leave,an employee must notify the City Manager
at the earliest possible time,generally before 8:30 a.m.on the day that the leave will be
used.Such notice shall provide the fact and the reason for the leave.Failure to
provide reasonable notice will be cause for denial of sick leave with pay for the period
of the absence.The City Manager may require written verification of the cause of
absence.
(d)Employees shall not be granted,and accordingly are not entitled to take paid
sick leave in advance of its accrual.
(e)Employees who use mQre than twenty-seven (271£C?f.l~~9_l:I!jY..~__~j£~..~2~r~.~_~~L .....··{Deleted:forty (40)
be required to furnish a physician's certificate stating that the employee is able to
safely return to work.A physician's certification may be requested if a supervisor has
reason to believe that sick leave is being abused.Regardless of the length of the sick
leave used,the supervisor has the authority to determine if the employee is abusing
the sick leave benefit.~._.__._ . _ _..___ -Deleted:The City reserves the right
to choose the physician who shall
provide the certification.
(e)Upon termination or dismissal from employment,employees shall not be
granted,and accordingly are not entitled to be paid for accumulated sick leave.
(f)This section shall be interpreted and applied in a manner consistent with
applicable federal and California law.
SECTION 4 -WELLNESS LEAVE:Employees are eligible to earn four and..Qne-....-.....{-.=D...:::el:.::et:.c:..ed:.c:..:.:;:.a__-'--__--.J
half (4 %)hours of paid well ness 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 nine hours of well ness leave may be accumulated.
8
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 'k ..._/
Attachment 5-83
(c)Upon termination or dismissal from employment,employees shall not be
granted,and accordingly are not entitled to be paid for well ness leave.
(d)Well ness leave may be used for pregnancy disability leave and leaves
provided under the federal and California family and medical leave statutes.
SECTION 5 -BEREAVEMENT LEAVE:Paid bereavement leave shall not be
considered accrued leave which an employee may use at his/her discretion,but is
granted by reason of the death of a member of the employee's immediate family,
consisting of an employee's spouse and employee's or their spouse's child,parent,
sibling,stepparent,stepchild and grandparent.An employee may take a maximum of
three (3)working days of bereavement leave each time a death occurs withinJ!llL ------f'-.D-::e-::let.::...ed_:_a_n --.J
employee's immediate family.In order to receive paid bereavement leave,the
employee must notify the City Manager at the earliest possible time,generally before
8:30 a.m.on the day that the leave is first requested.In the event the employee must
travel out of state in connection with the bereavement,the employee shall be allowed
two (2)additional working days of bereavement leave for each incident.
SECTION 6 -JURY DUTY:
(a)Employees called for jury duty shall give the City Manager reasonable
advance written notice of the obligation to serve.
(b)Employees will be paid their regular wages,less jury duty pay (other than
mileage or subsistence allowances)or may elect to forfeit the jury duty warrant to the
City and receive full City wages.
(c)Written evidence of jury duty attendance shall be presented to the Personnel
Officer.
(d)Employees shall continue to report to work on those days when excused from
jury duty,and on which the employee can work at least four (4)hours during his/her
regular workday.
SECTION 7 -LEAVE OF ABSENCE WITHOUT PAY:The City Manager may
grant an employee leave of absence without pay for a period not to exceed four (4)
months in accordance with the work force needs of the City.Additionally,the City
Manager may apply such conditions as he/she deems warranted in the best interest of
the City.No such leave shall be granted except upon written request of the employee.
Leave under this section shall only be granted to an employee under circumstances
where the employee is not otherwise eligible for pregnancy disability leave or family
and medical leave as provided under applicable law and Sections 8 (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.
9
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,2011"---__/
Attachment 5-84
Deleted:Pregnancy Disability Leave
may also be taken for pre-natal care.
(a)A leave of absence without pay shall not be construed as a break in service or
employment,however,paid leave benefits,increases in salary,and other similar
benefits shall not accrue to a person granted such leave during the period of absence.
(b)Use of a leave of absence without pay for a purpose other than that requested,
may be cause for forfeiture of reinstatement rights.Failure on the part of an employee
on such a leave to report to work promptly at its expiration may be cause for discharge.
(c)An employee reinstated after a leave of absence without pay shall receive that
same step in the salary range that he/she received when the leave of absence began.
Time spent on such leave without pay shall not count towards service for increases
within the salary range,and the employee's~'!.~J~~!l9D.f1~!~L~.~~!U?~..~~Lf9-,}';(~r!tQ!l.~.....h •••----{Deleted:or probationary employee's )
(1)month for each thirty (30)consecutive calendar days taken.
(d)The City shall maintain group health insurance coverage for an employee
(including dependent coverage)while the employee is taking a medical leave of
absence under this section at the level and under the conditions coverage would have
been provided by the City if the employee had not taken such leave.In the event an
employee does not return to work following the leave,the City reserves the right to
recover the premiums or other sums the City paid for group health insurance coverage
during the period of the leave.
(e)The employee is responsible to pay the entire cost of all applicable health and
life insurance premiums and other insurance premiums (such as long term disability
and accidental death and dismemberment)during a non-medical leave of absence
without pay that exceeds thirty (30)calendar days.In addition,in advance of taking the
leave,the employee must make written arrangements with the finance department to
pay for the costs of such coverage.Premiums shall be paid within the time specified
by the City or as otherwise required by the applicable insurance or benefit program.
(f)If the leave of absence without pay was for medical reasons,prior to resuming
regular duties,an employee shall furnish the Personnel Officer with a physician's
certificate stating that the employee is able to return to work.
SECTION 8 -PREGNANCY DISABILITY LEAVE:
(a)An employee who is temporarily disabled and unable to work due to
pregnancy,childbirth m:..r~!9.t~.9.m~9ll?~!.~9nfl!!l9.1J.!n~Y..t~.~~.~.I.~.~~~.9-t~.~~~Q.l?_~.w.J.~~Q~L.•:-----~D;,.;e;;,;le;..ted;..:....a~nd~=_=====<
pay for up to four (4)months.Leave taken under the pregnancy disability leave policy····,Deleted:s
runs concurrently with family and medical leave under J~f1~r~U~~....~.Y!.~~Q!.!Y!L ....._-.--··>=D~e-Ie';"ted-,-'th=e===========<
concurrently with family and medical leave under California law.In accordance with
federal and state law,the combined maximum amount of time that an eligible
employee may take for pregnancy disability leave and family and medical leave is
approximately seven months (four (4)months plus twelve (12)workweeks),'l.hmmmhm._------
10
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \m./
Attachment 5-85
(b)All requests for pregnancy disability leave shall be in writing,and shall be sent
to the City Manager.The request shall include the expected start and end dates of the
leave,and the medical certificate required by this section.
(c)An employee shall provide as much advance notice of the need for pregnancy
disability leave as practicable.Generally,the employee shall provide at least thirty (30)
days'advance notice.
(d)An employee requesting a pregnancy disability leave shall provide the City
Manager with a certificate from a health care provider on an form supplied by the City
that the employee is disabled by pregnancy,childbirth or related medical condition.
Failure to provide the required certification in a timely manner (within fifteen (15)days
of the leave request)may result in denial of the leave request until such certification is
provided.Recertification is required if leave is sought after expiration of the time
estimated by the health care provider.Failure to submit a required recertification can
result in termination of the leave.
(e)Prior to returning to work,an employee who took pregnancy disability leave
must provide the City Manager with a certificate from a health care provider that the
employee's disability has ceased and the person is able to return to work.
(f)A pregnancy disability leave of absence shall not be construed as a break in
service or employment.
(g)Use of pregnancy disability leave for a purpose other than that for which it was
granted shall be cause for discharge and forfeiture of reinstatement rights.To the
extent permitted by law,failure on the part of the employee on pregnancy disability
leave to report to work promptly at its expiration shall be cause for discharge.
(h)Except as otherwise provided by law,upon timely return from pregnancy
disability leave,the employee shall be reinstated to her original job.If the employee
I ~~~~~~~~.~L~~.;~:!~h:~~;r~~~i~~~~~~~~;;!!~~~~~~!l;:;~~.;~.:Y.~J!~~~~:~~~~;fu.~~~~:~.__m<:-/{~~..;;e;,;;;let;;,;;ed.;..:.:.;jO.;.b =:
substantially similar position would substantially undermine the City's ability to operate "'--i Deleted:job
safely and efficiently.'--'---'-'--'--------'
(i)An employee reinstated to her original job.e..'tt~!..~.2r.~9!'!~J:1_9Y_9l~~!?!li~.l~.~.Y~_~L.._------{L~..ce..clet_ed_:..:..p__os_itio__n --'
absence shall receive the same salary 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'&..~y.~J!_:!~!l<?I')..9~!~.~_~~!l_~_~_.~~!.f9..~~r.g_~!'!~_(~2.l}:lgmh.f~r_~~9.~_!hlr!Y...<~.Ql _------Del~ed:,or probationary
consecutive calendar days taken......e_m..:..p-'oy_ee_s ...J
U)The City shall maintain group health insurance coverage for an employee
(including dependent coverage)while the employee is taking pregnancy disability leave
at the level and under the conditions coverage would have been provided by the City if
11
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 'k ./
Attachment 5-86
the employee had not taken the leave.In the event an employee does not return to
work following a pregnancy disability leave,the City reserves the right to recover the
premiums or other sums the City paid for group health insurance coverage during the
period of the ~~~~~~mm.n.nm •••••m..n.n.__.nmmm••••m •••••_nnmmmn_••••._.__.m.mmm•••••·.{Deleted:Pregnancy Disability L
(k)This section shall be interpreted and applied in a manner consistent with
applicable federal and California law.
(I)Pregnancy disability leave shall be unpaid.except that an employee may use
any accumulated paid vacation leave,sick leave.compensatory time.administrative
leave or well ness leave provided for in this Rule.
em)Pregnancy disability leave may be taken intermittently or on a reduced work
schedule when medically advisable.as determined by the employee's health care
provider.When an employee's need to take leave intermittently or on a reduced work
schedule is foreseeable based on planned medical treatment.the employee may be
transferred to an available alternative position for which she is qualified that has
equivalent pay and benefits in order to better accommodate the periods of leave.
SECTION 9 -MILITARY LEAVE:Military leave and military spouse leave shall be
granted in accordance with applicable federal and California law.
SECTION 10 -PAID HOLIDAY LEAVE:
(a)Subject to the restrictions described below,employees shall receive paid leave
at his/her straight hourly rate for the following designated City holidays:
(1)The last Monday in May;
(2)July 4;
(3)The first Monday in September
(4)The fourth Thursday in November
(5)The day after the fourth Thursday in November
(6)The period between and including December 24 and January 1
(Saturdays and Sundays and other non-work days excepted);and
(7)One day as a floating holiday which shall be designated yearly by
the City Manager.
(b)If July 4th falls upon a Saturday,the Friday before is the observed holiday,and
if the date falls upon a Sunday,the Monday following is the observed holiday.
(c)In order to be eligible for holiday pay,an employee must work the last
scheduled workday before and the first scheduled workday after the holiday unless the
employee is taking approved paid leave.The City Manager shall waive this
requirement when necessary to maintain an employee's exempt status.
12
/A Deleted:May 1,2007
Management Employee Personnel Rules /:
Last Amended on August ,201 \.m.:'
Attachment 5-87
(g)_-'-(_~_h9!l~_~YJ~IJ~_9.~_~ll]$1~~_~fII.PJ9Y~_~:~_~P.P_~9_Y~9_'!.~g~!l9..DJ~~'!.~_.p_~!199tJ~_E?------{~D..c:.el..c:.et:......ed_:_e ~
employee shall be paid for the holiday and shall not be charged with a vacation day for
the day the holiday is observed.
(§)__!(_~_h9!l~_~Y_f~IJ~_9.~_~iDfJ_~~_~fII.PJ9Y~_~:~_~P.P_~9_Y~9_~ig~_!E?_~'!.~_p_~J:i991Jh~------{~D..c:.el...:...et_ed_:_f -----'
employee will be paid for the holiday and will not be charged with a sick day for the day
the holiday is observed.
(fJ.._~mP'lgy~~~_gD_Q9..D::p.~19_!~~.Y~_2f_~~_~_~D~~_(9L~nY_~~~~gD_~r~_lD_E?Jjgl~J~_f2r ------{\...D....:e....:let.:..ed_:..:::g-'--~
holiday benefits for holidays that are observed during the period they are on a non-paid
leave of absence.
(gJ._ldR9..D__tE?J:fII1D~!l9_I]_g!_9!~fII1~~_~J.fr9m_~fII.PJ2y.fII_~nL~fII_p.I9Y~~~_~h~IJ_D2U>.~------->=D=e=le=ted=:=h =<
granted,and accordingly are not entitled to be paid for q._(lg~!lQg__~g!l9_~.Y:.-----Deleted:n unused
y--------sEcfi6i,i-1-1-::.:-F:A:r\iiiL'f"ANO-ME"DicA["LEAVE:----------------------------------------------------------\...D....:.e..c:.let:......ed_:.::..~------'
The City will provide eligible employees with family and medical leave,as required
by California and federal law pursuant to the federal Family and Medical Leave Act of
1993 C'FMLA")and the California Family Rights Act C'CFRA").Unless otherwise
provided,"Family and Medical Leave"under this Section means leave pursuant to the
FMLA and CFRA.
Rights and obligations which are not specifically set forth in this Section are
contained in the Department of Labor regulations implementing the FMLA and the
regulations issued by the California Department of Fair Employment and Housing
("DFEH")implementing the CFRA.This Section shall be interpreted in a manner
consistent with the requirements of the regulations issued by the U.S.Department of
Labor (29 C.F.R.Sections 825.1 DO,et seq.,)the National Defense Authorization Act
(NDAA")for 2008,Uniformed Services Employment and Reemployment Rights Act
("USERRA"),the California Military &Veterans Code,and the regulations issued by the
DFEH (2 Calif.Code of Reg.Section 7297.0,et seq.),and as such regulations and
statutes may be amended from time to time.
(a)All employees who have worked for the City at least twelve (12)months and a
minimum of one thousand two hundredJjftY..(L_?.§fD_h2~~~__9_Y!JD9_!~_~__~~!Y~.c1.gL ------{'-D..:;e:.:.let:...ed_:...:...an...:..d ---'
months prior to a request for leave are eligible for an unpaid leave of absence for the
following reasons:
(1)The birth of a child of the employee and to care for the child.
(2)The placement of a child with the employee through adoption or a
foster care program.
(3)To care for the employee's spouse,child or parent if the spouse,child
or parent,or the spouse's child or parent has a serious health condition.
13
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 k /
Attachment 5-88
(4)The serious health condition of the employee that makes the
employee unable to perform the functions of his or her position.
(5)Leave for Treatment of Substance Abuse.Leave for treatment of ....------
substance abuse may qualify for Family and Medical Leave under the FMLA,provided
all other eligibility requirements (including but not limited to,serious health condition,
inpatient care and continuing treatment)are met.However,an employee's absence
due to his/her use of a substance does not qualify as a serious health condition.The
treatment must be provided by a health care provider,or by a provider of health care
services on referral of a health care provider.This Section does not prevent the City
from taking action against any employee who commits misconduct.or any employee
who violates the Drug-Free Workplace Act.or any other substance abuse policy
adopted by the City.An eligible employee may also take Family and Medical Leave
under the FMLA to care for a covered family member who is receiving treatment for
substance abuse.
(6)Qualifving Exigency Leave.An eligible employee may take up to
twelve (12)weeks of leave under the FMLA because of a qualifving exigency arising
out of the fact that the employee's spouse,son,daughter,or parent is on,or has been
notified of an impending call or order to,"covered active duty"in the Armed Forces.
(7)Caregiver Leave.Under the FMLA,an eligible employee who is the ....------
spouse,son,daughter,parent or next of kin of a covered service member may take up
to twenty-six (26)weeks of leave in a twelve-month period to care for the service
member.
(b)Determination of the 12-month employment period under the FMLA.Under
the FMLA,the twelve (12)months that an employee must have been employed by the
City need not be consecutive months,subject to the following:
Formatted:Tabs:1",Left +Not at
0.38"
Formatted:Tabs:1",Left +Not at
0.38"
Formatted:Tabs:1",Left +Not at
0.38"
(1)Employment periods prior to a break in service of seven (7)years or
more will not be counted in determining whether the employee has been employed by
the City for at least twelve (12)months,unless the employee's break in service
resulted from his/her fulfillment of his/her National Guard or reserve military service
obligations.
....------Formatted:Tabs:1",Left +Not at
0.38"
(2)Time served performing military service will be counted in determining ....-..---Formatted:Tabs:1",Left +Not at
if the employee has been employed by the City for at least twelve (12)months.,-,0,,-,.3..:;.8'_'..J
(3)If an employee is maintained on the payroll for any part of a week ....--...-
(including any periods of paid or unpaid leave such as vacation or holiday leave)during
which other benefits or compensation are paid by the City,the week will count as a
week of employment.
Formatted:Tabs:1",Left +Not at
0.38"
14
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August .201 \_.../
Attachment 5-89
(4)Nothing under this Section shall provide the employee with rights any ......u ••Formatted:Tabs:1",Left +Not at
greater than he/she would have under the USERRA.,-0...:.3..:..8'_'....J
(c)Determination of 1,250 hours requirementfollowing return from military
service.
(1)A person who is reemployed following military service shall have the .....uu.
hours that he/she would have worked for the City added to the hours that he/she
actually worked during the previous 12-month period to meet the 1,250-hour
requirement.
(2)Use of the employee's pre-service work schedule may be used to +-••uu
determine the hours that would have been worked during the period of military service,
unless another method provides a more accurate calculation.
(d)Prior to the proposed start of the employee's Family and Medical Leave.the
City will determine whether he/she has worked for the City for at least 1,250 hours in
the past twelve (12)months and whether he/she has been employed by the City for a
total of at least twelve (12)months.
(e)If an employee is on non-Family and Medical Leave at the time he/she meets
the eligibility requirements for Family and Medical Leave.any portion of leave taken for
a Family and Medical Leave-qualifying reason after the employee meets the eligibility
requirements shall be Family and Medical Leave.
Formatted:Tabs:1",Left +Not at
0.38"
Formatted:Tabs:1",Left +Not at
0.38"
(1)Inpatient care in a hospital,hospice,or residential medical care
facility;or
(2)Continuing treatment or continuing supervision by a health care
provide~l including an~of the following:__..um.umuu_••uu••mmm.u..umu_m ._u_.mm_-_··--{,-=D-=e-=Iet.:..;ed.;..:_"....J
(j)Under the CFRA,a period of incapacity due to a serious health ....u_.__
condition of more than three (3)consecutive days,and any subsequent treatment or
period of incapacity relating to the same condition,that also involves treatment two (2)
or more times by a health care provider or treatment by a health care provider on at
least one (1)occasion which results in a regimen of continuing treatment under the
supervision of the health care provider.
(ij)Under the FMLA,a period of incapacity due to serious health
condition of more than three (3)consecutive,full days,and any subsequent treatment
or period of incapacity relating to the same condition,that also involves:(A)treatment
two (2)or more times,within thirty (30)days of the first day of incapacity (unless
extenuating circumstances exist)by a health care provider,by a nurse under direct
Formatted:Tabs:1.5",Left +Not
at 0.38"
Formatted:Tabs:1.5",Left +Not
at 0.38"
15
/A Deleted:May 1.2007
Management Employee Personnel Rules ,/
Last Amended on August .201 'I.._m/
Attachment 5-90
supervision of a health care provider.or by a provider of health care services (e.g.,
physical therapist)under orders of or on referral by a health care provider;or (B)
treatment by a health care provider on at least one occasion.which results in a
regimen of continuing treatment under the supervision of a health care provider.The
treatment must be an in-person visit to a health care provider.and the first (or only)in-
person treatment visit must take place within seven (7)days of the first day of
incapacity.Determination of whether additional treatment visits or a regimen of
continuing treatment is necessary within the thirty (30)day period shall be made by the
health care provider,not the employee."Extenuating circumstances"means
circumstances beyond the employee's control that prevent the follow-up visit from
occurring as planned by the health care provider.
(iii)Under the FMLA any period of incapacity due to pregnancy or .....------Formatted:Tabs:1.5",Left +Not
for prenatal care.(See also subsection (h),below,regarding interrelationship between '-'a=.t...:O=..3.;;..8"....J
pregnancy disability leave and Family and Medical Leave.)
(Iv)Any period of incapacity or treatment for such incapacity due to .....-n
---
a chronic serious health condition.A chronic serious health condition is one which
requires periodic visits for treatment by a health care provider at least twice a year,
continues over an extended period of time (including recurring episodes of a single
underlying condition),and may cause episodic rather than a continuing period of
incapacity (e.g.,asthma,diabetes,epilepsy,etc.),Absences for such incapacity qualify
for Family and Medical Leave even if the absence lasts only one (1)day.
(v)A period of incapacity which is permanent or long-term due to a ...__n __
condition for which treatment may not be effective.The employee or his/her family
member must be under the continuing supervision of,but need not be receiving active
treatment by,a health care provider.
(vi)Any period of absence to receive multiple treatments (including .....------
any period of recovery therefrom)by a health care provider or by a provider of health
care services under orders of,or on referral by,a health care provider,either for
restorative surgery after an accident or other injury,or for a condition that would likely
result in a period of incapacity of more than three (3)consecutive days in the absence
of medical intervention or treatment.
Formatted:Tabs:1.5",Left +Not
at 0.38"
Formatted:Tabs:1.5",Left +Not
at 0.38"
Formatted:Tabs:1.5",Left +Not
at 0.38"
(vii)As used in this Section,"incapacity"means the inability to
work,attend school and/or perform other regular activities due to the serious health
condition and/or treatment or recovery from the serious health condition.
.....------Formatted:Tabs:1.5",Left +Not
at 0.38"
(~_~~~_~_~!lg-'-~!~_~_r:.t:'j:lj~'i~_f?_~h~IJ.!?~_~':l_ti~j~c;!_tC?J.~~~_~_l]__LJ_r)j:l~l~_.I~§Y-~_gf._LJR_!~_~~!y_~--_---{'-D_e_let_ed_:_c __
(12)work_weeks during any rolling twelve (12)month period for the purposes listed
above;except that Caregiver Leave shall be a maximum of twenty-six (26)work weeks
as provided in subsection (D.
16
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August .201 \_m/
Attachment 5-91
(h)Interrelationship between State pregnancy disability leave and Federal Family
and Medical Leave.An employee disabled by pregnancy shall be entitled to take
unpaid leave,in addition to tamilx and medical.!~~.'!~n~.f}~~r.~~.':1~.in.~l~~.Y!n~!~D.~~~.~.~m........Deleted:medical and family
allowed by applicable law,an employee may take family and medical leave Deleted:.of up to four months when
intermittently or on a reduced leave schedule basis (Qv..taking leave in blocks of time or ~~:;~~~t:h:~g::b~~~~ted
Qv..reducing the employee's weekly or daily work schedule).medical conditions'-----------'
Cv..~~.!i~!~~.~.r1~.~Q_f~~.iJY_.and medical !~~.'!~.f~rJ~.~..~J!1b.~f_~.~.~!!g..9!._!~~.P'!~g~!n~I}!.._....·"{_D_el_et_ed_:_d ~
of a child with the employee through adoption or a foster care program shall expire
twelve (12)months after the birth or placement of the child with the employee.
(j).AD..~m.p.!~Y.~~.!n~rr!~gn!<?§n~!h~x.~.r:D.P.!~Y.~.~.§Uh~.g!!y'J~.~~.@~~.!<?n~.f}n n",/····{--=D:.::el:.::et:;.::ed=::.::e ...I
aggregate amount offamily and medical leave that does not exceed twelve (12)work
weeks when added to the family and medical leave taken by the employee's spouse for
the purpose of the birth or placement of a child with thern.e Howeverl if Famil:t,and ..m ···{Deleted:employees
Medical Leave is needed to care for a child with a serious health condition.both the
mother and father are entitled to Family and Medical Leave.In such circumstance,a
husband and wife may each take twelve (12)weeks of Family and Medical Leave if
needed to care for their newborn child with a serious health condition,provided they
have not exhausted their entitlements during the applicable 12-month Family and
Medical Leave period.
(!s,,).6.~~.r:Dj!Y.QLr:D~~lg.~L!~.~Y~.~.~.~!LQ~..Ym~~!g.,..~~~~..P.H~§!.~I}.~.r:D.P.!~Y.~.~.!n~Y..Y.~~..n.,...····{~D_e_let_ed_:_f -'
any accumulated vacation leave,sick leave,compensatory time,administrative leave
and well ness leave during the leave provided for in this Section.
(JJnT.~.~..9.i.t1'.~~.~JLfI}~Jm~!~ng!.9.Y.P..b~~1!~.J~~l,lX~Dg~.C?.9Y~r§9~.~9X.~D.~!np.19Y~~""""",..···"{~D:.::el:.::et;c.ed_:-",g ...1
(including dependent coverage)while taking family and medical leave at the level and
under the conditions that the CityJtX9.YJ~.otherwise ~§X~,pX()_'!J~~g.coverageJf.!b~</Deleted:coverage
employee had not taken the leave.In the event an employee does not return to work ":::"Deleted:been
following a family and medical leave,the City reserves the right to recover the "'>=D=e=let=ed=:=b=Yt=he=c=ity=====<
premiums or other sums the City paid for group health insurance coverage during the
period of the employee's leave,to the extent permitted by applicable law.
(mJn~)(g~p.!.~~_Qm~~J~~.P.~!.r:DJ!!~9.I:>YJ~~1.§!L~~.qY~~!~J<?!.famil~and medical ...m ......····{~D_e_let_ed_:_h -'
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.f~r!Wg~!l()D~.~~H<?r.tI}.!~",·{~D_e_let_ed_:_m_ed_ic_al --'
subsections U)or (k)herein.An employee shall provide as much advance notice of the
need for leave as practicable.Generally,when the need for leave is foreseeable,the
employee shall provide not less than ten (10)days'notice prior to the commencement
of the leave.Failure to provide advance notice of the need for leave may be grounds
for delaying the start of the leave.
Cn>..YY.h~i~..th~.~~.p'I.9Y_~~.!~.~~~J.~§X~.~()X.pJ§~Q~g..r:D~~!~~JJr~~!~.~r1.t<?f.~.~P.9.Y~~~·····{~D_e_let_ed_:_i -'
child or parent,or of a spouse's child or parent,or of the employee,the employee shall
17
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \..../
Attachment 5-92
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.
(gJ...~Q_~_r:D.P.J9.y.~_f?_!_f?9~~§i_ti.r:!.9_!~~.Y~_!-!!:1_9_~i_tI}J~_~_f?_C?!19.t)__~~~~~_~_f?_9.f.~_~_f?!J9.~~_I}_f?~!!h ------{,-=D:..:e=let=ed=:~j ~
condition shall provide medical certification from the appropriate health care provider
on a form supplied by the City.Failure to provide the required certificate in a timely
manner (within fifteen (15)days of the leave request)may result in denial of the leave
request until such certification is provided.Recertification is required if leave is sought
after expiration of the time estimated by the health care provider.Failure to submit a
required recertification can result in termination of the leave.The certification shall
contain,at a minimum,the following information:
(1)The date on which the serious health condition began;
(2)The probable duration of the serious health condition;
(3)An estimate of the amount of time that the health care provider
believes the employee needs to care for the individual requiring the care;and
(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"<.------{'_D_e_let_ed_:-'-;_an_d~_'
(p,)__E~i_~~_qll~~!~_JDY.9.I.YlQgJI}_~_~~Rt~Y~~~~_.<?yyD_~~~l9.lJ_~_h~~t!I}_~9.Q9.i.tJ9.Q_~~~~RL -------{'_D_e_let_ed_:_k -'
those involving pregnancy disability,the City,at its expense,may request a second
opinion by a health care provider of the City's choice.If the second opinion differs from
the first one,the City will pay for a third,mutually agreeable,health care provider to
provide a final and binding opinion.The certification shall contain at a minimum,the
following information:
(1)The date on which the serious health condition began;
(2)The probable duration of the serious health condition;
(3)A statement by the health care provider that,due to the serious health
condition,the employee is unable to perform the functions of his or her position with
the City,and;
(4)To the extent provided by applicable law,appropriate medical facts
within the knowledge of the health care provider regarding the condition that are
related to the employee's ability to perform his/her job duties.
(gJ._Q!-!~l'l9.11}~_!~~_'.'~1_!h~_g!!y._r:D~y._~~9.lJJ!_~_R~~l9.9.i~_~~~~_~@~?_ti.~D_~y._~.JJ~~!tl}_g~~~------{'_D_e_let_ed_:_1 _'
provider and other periodic reports.
18
/..{Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \coo ...:'
Attachment 5-93
(rJ_I:;~9_~P.t~~gt~~~t~~_p.rQY..t<;l~~J:~y.J~,!!_,__~p.QD_r~!~XQ.t9-'ll_f~!'!!ll.Y_~r!9._r:D_~~!~9-'-····{,-D_e_le_ted_:_m ~
leave,the employee shall be reinstated to the same or an equivalent position held
when the leave commenced.If the employee is not returned to their original job,
he/she shall be returned to a substantially similar job,unless either there is no
substantially similar J?Q~i~!QQ._~Y~H9_~J~_Qr_f[lJ!D9__tl)~_§!:!~_~~~D!l9-'JY-_~J!'!!ll9!.'pg§ltigD.,!!g_~!9 __.__.._···-{<...:D~e::.::let.::.:ed.=:.:.:.jo:.=.b --,
substantially undermine the City's ability to operate safely and efficiently.
(§)_P_rt9!._t9_!~~~rD!Q.g__t9_~9.1:~!_~D_~r:D_pJQy.~~_x'{hQ.t<?g_~_~.rQ.~_<;lj~~U~~Y..~J9!.n!~!'I)_~!.,.-····{,-De_let_ed_:_n ~
own serious medical condition must provide the City Manager with a certification from a
health care provider that the employee is able to resume work.
(!lJI)J_~_~~.<?~!QQ._~_~~!l_~_~_!D!~rp..r~t~_<;l_~.Q9_~P.P-'!~9..in_~_!'!!~~_fl_~!..<?2D~J~!~Q.!_~!!h ,..····{,-D_e_let_ed_:_o ~
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.
19
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 'k./
Attachment 5-94
RULE VI
WORKERS~COMPENSATION n nn {--.=D..:::e..:::et:.:.:ed:.:..;:s=--~
AND UNEMPLOYMENT INSURANCE
(ADOPTED 01/31/02,AMENDED 12/20/05,AMENDED 08//11)
SECTION 1 -WORKERS~COMPENSATION AND UNEMPLOYMENT mm•••__.mm••••···{>o=D_elet_ed.....;;;:s~_
INSURANCE:The City provides Worker.§.~.9.9.r:D.P~!'!§.~.~2!'!.~!J.9nl:!r!~IJ:lJ?J2XIJ:l.~DLn.....mmn.-..-··{--.=D..:::el:.:;et:.:;ed::.:.:..:.5 ~
Insurance to all employees in accordance with California law.While not generally
covered by these Rules,th~_gj!x also l?E9.'!jQ~~_~9..r~_~.r:'~_9g.rnR~r!~_~}jQrJ_.9gy~r~9.~.f9!...m_.....··.·{--.::D..=e:.:.let;c:.ed.:...:_T ....J
any person who performs volunteer service without pay for the City (Resolution No.79-
87).
SECTION 2 -ON-THE-JOB INJURIES:All injuries suffered during working hours
must be reported,in writing,immediately to the City Manager.Unless there is an
emergency,a City referral form must be obtained from the Personnel..Q1fi~~_.~.~fg.r:~..•-.····{>=D..;;e..;;let;..ed_:_Q;.....~~=~==<
visiting a doctor.Upon returning to work from all on-the-job injuries,employees must ---·--{'-D_e_let_ed_:_r -'
have an approved return to work certificate signed by the attending doctor.
20
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \/
Attachment 5-95
RULE VII
EMPLOYEE EXPENSES
(ADOPTED 01/31/02)
SECTION 1 -MILEAGE AND PARKING EXPENSES:An employee who receives
a monthly car allowance established annually by a Resolution of the City Council may
not receive reimbursement for mileage expenses related to local meetings and site
visits.In the event that no monthly car allowance is provided,an employee who is
required to use his/her private automobile for City assignments shall be reimbursed for
mileage at the current standard mileage rate set by the Internal Revenue Service.An
employee shall be reimbursed for actual parking expenses incurred while on City
assignments.
(a)All claims for mileage and parking reimbursement shall first be approved in
writing by the City Manager and shall be filed on forms and in accordance with the
procedures established by the City Manager.
(b)Employees using their 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.
(c)Reimbursement for all other travel expenses shall conform to requirements of
the Travel and Meetings Policy adopted by the City Council.
21
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 \.•.••/
Attachment 5-96
RULE VIII
DISCIPLINE AND TERMINATION PROCEDURES
(ADOPTED 01/31/02,AMENDED 05/01/07)
SECTION 1 -DISCIPLINE AND TERMINATION:
(a)In accordance with the at-will status of management employees,
management employees may be disciplined or terminated at any time without
prior notice or cause,and without any right of appeal.
(b)From time to time,the City Manager may determine that imposition of
discipline against a management employee may be appropriate.Discipline
may be based on any cause as determined by the City Manager.The
imposition of any form of discipline by the City Manager shall not modify or
remove the at-will status of any management employee.The provisions of Rule
XII,DISCIPLINE PROCEDURES,of the Competitive Service Employee
Personnel Rules,shall not apply to any management employee.
(c)The decision of the City Manager to discipline or terminate a
management employee shall be final.
SECTION 2 -RESIGNATION:
(a)In order to resign in good standing,an employee shall inform the City
Manager,in writing,of the effective date of the resignation at least ten (10)working
days in advance.This time may be waived,in writing,by the City Manager.Failure to
give notice as required by this Rule shall be cause for the City to deny future
employment.
(b)An employee who is absent from work voluntarily or involuntarily for more than
nine (9)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 3 -RETIREMENT:The City shall pay the full employee's contribution to
the California Public Employees Retirement System (CaIPERS).
SECTION 4 -LAYOFFS:In the event a determination is made to layoff
any management employee,layoff shall be determined by the City Manager in
his/her discretion."
22
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \u ••/
Attachment 5-97
-I
RULE IX
NON-DISCRIMINATION POLICY
(ADOPTED 01/31/02,AMENDED 081 /11)
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 j.~.Rr~hl~H~9:..Ih~._q1Y.j~gp!'n!!!ltt~~_!~_9..~~~.~D9_~~.<;l..rn.,,!jl}!~Jnjl}9..~..~~r~.pJ§2~.t~~.~..__._------
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.
Deleted:of Rancho Palos Verdes
("City")
23
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \m./
Attachment 5-98
(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 defined 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 when such conduct has the
purpose or effect of unreasonably interfering with an individual's work performance,or
creating an intimidating,hostile or offensive working environment.
(3)Sexual harassment may be committed by a member of the opposite
or the same sex.Employees may be the victims of sexual harassment even if the
sexual harassment is directed at others but occurs in the employee's presence or has
an indirect impact on the employee's terms and conditions of employment.
(c)TYPES OF HARASSMENT.
(1)The following statuses are referred to in this Policy as "protected
status":race,color,religion,sex,sexual orientation,pregnancy,national origin,
ancestry,age (40 and over),marital status,disability,alienage,citizenship status or
medical condition (cancer-related),or any other basis prohibited by applicable federal
and California law.
(2)Unlawful harassment also consists of verbal or physical conduct that
denigrates or shows hostility or aversion toward an individual because of his/her
protected status,or the proposed status or his/her relatives,friends,or associates,and
that:
(i)Has the purpose or effect of creating an intimidating,hostile,or
offensive work environment;
(ii)Has the purpose or effect of unreasonably interfering with an
individual's work performance;or,
(iii)Otherwise adversely affects an individual's employment
opportunities.
(3)Unlawful harassment may be charged 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:
24
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 \/
Attachment 5-99
(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&.~J~~~_~..r:_mmm .··-{~D_el_et,-ed_:_or ~
relatives,friends,or associates.
(Ii)Physical Harassment.This form of harassment includes,but is
not limited to,assault,unwelcome touching,impeding or blocking movement,
threatening acts,intimidating acts,hostile acts or other physical conduct that
denigrates or shows hostility or aversion toward an employee or applicant based on
his/her protected status or the protected status of his/her relatives,friends,or
associates.
(iii)Visual Harassment.This form of harassment includes,but is
not limited to,displaying pictures,posters,cartoons,drawings,or other written or
graphic materials that denigrates,shows hostility or aversion or are derogatory toward
an employee or applicant based on his/her protected status or the protected status of
his/her relatives,friends,or associates.
(iv)Sexual Harassment.In addition to items (i)through (iii)above,
this form of harassment includes,but is not limited to:
(a)Unwelcome verbal or written sexual 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.
25
/,{Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August.201\./
Attachment 5-100
(d)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.
(2)The City will promptly,thoroughly and objectively investigate charges
of unlawful harassment.The ..Q.el2utx Ci~Manager!.QL!~.~..g!tyJYJ~Q.?g.~!..,.JfJh~,Qeeut¥Deleted:Assistant City Manager
City Manager is the alleged harasser,shall investigate and attempt to resolve all -"---Deleted:Assistant City Manager
harassment complaints.The..Q.el2u.t!Ci~Manager.Qr_!~_~..qtyJYJ~Q.?g.~!...rn_~Y-.?~.~!9.r:t _·'Deleted:Assistant City Manager
responsibility to investigate harassment charges to another competent person.The
City shall advise the complaining individual of his/her rights and responsibilities under
the City's harassment complaint resolution procedure and his/her right to redress
unlawful harassment.Complaints and investigations shall be handled with due regard
for the rights of the complainant and the alleged harasser.Information about the
investigation and complaint shall only be released to individuals on a need-to-know
basis,or as required by law.
I (3)An employee who witnesses harassment prohibited by this Policy has .....······1 Formatted:Tabs:0.94",Left
a duty to report it to the employee's immediate supervisor,Department Head,the
I ..QeQut:£Cirt.Manager ~.9!...t~~.g.i.tY-.~~.r:t_~.9~rL!f.1~.~...Q.eeut~Ci~Manager !~._t~~.~tl.~.9~Q......•...···Deleted:Assistant City Manager
harasser.-----Deleted:Assistant City Manager
(4)An immediate supervisor or Department Head receiving a complaint of
harassment shall immediately report it to the..Q.e12ulx:Ci~Managert.C?r_!~.~.qty.m.m ..mm.""·'Deleted:Assistant City Manager
Manager if the ..QeRut~Ci.t!Manager !~.t~~.~R~.9~Q.h?r~~.~~r:mm.__mmm ••mm.__....m ••••""··Deleted:Assistant City Manager
(5)Procedure for Complaints involving City Council Members,
Commissioners,Committee Members,Other Officials or the City Manager
(a)In place of the other reporting options,complaints involving City
Council members,commissioners,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 8lJthorized 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.
26
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 \..../
Attachment 5-101
(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.
(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 ..QeQub£Cit¥------Deleted:Assistant City Manager
Manager,or if the alleged harasser is the..Q.el2ujx Ci~ManagerL!h~_gl!Y __~?D.?g_~..r:.__.:r.~_€!------Deleted:Assistant City Manager
employee has the discretion to direct the complaint to any of the positions listed above.
Applicants shall file harassment complaints with the..QeQut:£Cit¥ManagerL9!_.m~_gJJY.------Deleted:Assistant City Manager
Manager,if the ..Qel2.utX'Ci~Manager.l~J_~~_?l'-~.9~g_~_?~?~~~r=__m m n_------Deleted:Assistant City Manager
(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
I ..QeQub£Cit)!Manager,_.9..r:,_lfJh~,QeRut¥Cit}!Manager l~_!~_~_~H~g_€!.9_h?r?§.~~r1.!2Jh~__m_n.:-/Deleted:Assi~tantCity Manager
City Manager.A formal complaint should be filed within ten (10)working days of the -----Deleted:Assistant City Manager
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 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 ..Qel2u~Cijx Manager 2r_?_l?.~..r:~.9Dm..__mm_------Deleted:Assistant City Manager
assigned by the City Manager or the .Qe12utx:Ci~ManagerL~_~~!U_~~~~_~.9?!~_9.9!'nR!?i.~J~------Deleted:Assistant City Manager
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;
27
/A Deleted:May 1,2007
Management Employee Personnel Rules /'
Last Amended on August !2011"..../
Attachment 5-102
(d)Prepare a written report regarding the findings and
conclusions reached.The complainant and the alleged harasser shall be notified as to
the results of the investigation;and,
(iii)Discipline taken against a harasser shall be determined by the
nature,severity and/or frequency of the offense(s),the work record of the harasser,the
likelihood of the misconduct being repeated,and any other relevant factors and
evidence.The complainant shall be consulted in connection with the corrective action
to be taken against the harasser and the appropriate action to remedy the effects of the
harassment on the complainant.The complainant and the harasser shall be notified of
the action(s)taken by the City.
I (iv)Discipline imposed by the City ~~_~J!'~~_jn_~~9g!_~~!'}~~_~l1~..----~el~ed:~n~hany aPreal taken
Jhese Rules.ere rom y e emp oyee
----------------------------------------------------------------------------------------------------------------------------------Deleted:the City's applicable
(e)PROTECTION AGAINST RETALIATION.'--P_ers_o_nn_el --'
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,and changes in the policies or
practices of an employer.
(3)Similar procedures and remedies are available under federal law,
including Title VII of the Civil Rights Act of 1964,as amended, the Americans with
28
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 'k./
Attachment 5-103
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,payor 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 (202)663-4895 (voice)
or (202)663-4399 (TDD).
(h)QUESTIONS.Questions regarding this policy should be directed to the
Personnel Officer.
29
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 k.m/
Attachment 5-104
RULE X
VIOLENCE IN THE WORKPLACE
(ADOPTED 01/31/02,AMENDED 08//11)
SECTION 1 -STATEMENT OF POLICY:The City is committed to providing a
safe workplace that is free of violence or the threat of violence.In support of this
commitment,the City strictly prohibits employees and non-employees,while on City
premises or engaged in City-related activities,from behaving in a violent or threatening
manner.Under this policy,the City also seeks to prevent workplace violence before it
begins and reserves the right to address behavior that reasonably suggests a
propensity toward violence,even where actual violence has not yet occurred.
Retaliation against a person making a report of workplace violence or cooperating in an
investigation of possible workplace violence is also prohibited.
SECTION 2 -DEFINITIONS:
(a)Workplace violence includes,but is not limited to the following:
(1)Fighting or challenging another person to fight,including but not
limited to striking,slapping,punching,spitting or physically assaulting;
(2)Threats intended to place a person in fear of physical harm or that
would cause a reasonable person to be placed in fear of physical harm;
(3)Threatening,physically aggressive or violent behavior,such as acts
of intimidation,stalking or any activity that attempts to instill fear in others;
(4)Other behavior that suggests a propensity toward violence,such as
belligerent speech,excessive arguing or swearing,sabotage or threats of sabotage
toward City property or a demonstrated pattern of refusal to follow City policies or
procedures;
(5)Throwing objects with the apparent intent to harm another person
or place any person in reasonable fear of harm;
(6)Defacing or vandalizing City property;or
(7)Except as authorized by the City Manager,bringing any weapon or
firearm of any kind onto City property (including parking lots)or while conducting City
business.
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
30
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \/
Attachment 5-105
the employee's immediate supervisor is involved,the employee should notify the
l ..QeQu~City;Manager g_~_~~_~_9.iJy._~l!l:.I)_~$3~r~__~T)'L~_l:l'p~~!~g!.!.~g~!YJng_~_l:lgh_l!l:.X~p.C?_~------
shall immediately notify the.,Qe({uty Ci!i:Manager 5?r!.!H~_~_..Qel2u!xCiD!Manager.!~_m m<------
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..Qeeut¥.City Manager ~!llJ:~~_~~~.PQn~L~l~.f5?~------
assuring that an appropriate investigation is completed,except where the.Qel2ut)£Ci!Y_m_------
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 commissioners,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.
Deleted:Assistant City Manager
Deleted:Assistant City Manager
Deleted:Assistant City Manager
Deleted:Assistant City Manager
Deleted:Assistant City Manager
31
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \/
Attachment 5-106
RULE XI
MISCELLANEOUS PROCEDURES
(ADOPTED 01/31/02,AMENDED 08//11)
SECTION 1 -OUTSIDE EMPLOYMENT:Employees shall be allowed to engage
in employment other than their job with the City,with the understanding that City
employment is the highest priority and such outside employment does not interfere with
the performance of assigned duties and does not constitute a conflict of interest.The
employee must notify the City Manager in writing regarding their outside employment.
SECTION 2 -MANAGEMENT PREROGATIVES:The City through the City
Council possesses the sole right to operate the City and all management prerogatives
remain vested with the City.In this context,except as specifically limited by express
provision of these Rules,all management prerogatives,powers,authority and functions
whether heretofore exercised,and regardless of the frequency or infrequency of their
exercise,shall remain vested exclusively with the City.It is expressly recognized that
these rights,include,but are not limited to,the right to hire,direct,assign or transfer an
employee;the right to layoff employees;the right to determine and change staffing
levels and work performance standards;the right to determine the content of the
workday,including without limitation,workload factors;the right to determine the quality
and quantity of services to be offered to the public,and the means and methods of
offering those services,the right to contract or subcontract City functions,including any
work performed by employees;the right to discipline employees,including the right to
reprimand,suspend, reduce in pay,demote and/or terminate employees;the right to
relieve employees of duty,demote,dismiss or terminate employees for non-disciplinary
purposes;the right to consolidate City functions;the right to determine City functions;
the right to implement,modify and delete rules,regulations,resolutions and
ordinances;the right to establish,change~combine wages or eliminate jobs,job
functions and job classifications;the right to establish or change wages and
compensation;the right to introduce new or improved procedures,methods,processes
or to make technological changes;and the right to establish and change shifts,
schedules of work,and starting and quitting times.
SECTION 3 -INCENTIVE PROGRAM:From time to time,the City Manager may
grant an incentive pay award to any employee in recognition for extraordinary work.
(a)The City Manager shall determine the amount of incentive pay per employee
award.However,in no case shall the incentive pay exceed five percent (5%)of an
employee's base salary.
(b)Employees shall be limited to no more than two (2)incentive pay awards each
fiscal year.
32
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,2011"m.J
Attachment 5-107
/{Deleted:!Y
SECTION 4,.-PROCEDURE:h nh mn.nn mhm.h..n __n m.j/
RULE XII
MEDICAL EXAMINATION PROCEDURES
(ADOPTED 12/20/05.AMENDED 08//11)
SECTION 1.-MEDICAL EXAMI NATION ~..~!!Y..~!nR!QY.~~.!!!?Y..~~.r~g~l~~c;lJc<?n",··{,-D_el_et_ed-,:!=--~
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 2,.-NEW HIRES OR RE-HIRES~..!':l.g!..c;I~rJg.~~.~JJg!~J.~.fgr.m.mn ...n .....""··{~Dc.::el:.=:et:.=:ed-,:I=..I ~
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 3,-PROMOTION OR TRANSFER~.Jn.gr9~rJ2.~~..~JIgJ.~J~.f2r.?...nh."'····{'-D_el_et_ed-,:L;::..II ~
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
performing the essential functions required of the promotional or transfer position and
can meet the standards established by the Personnel Officer.:.
(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.
33
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August ,2011...n/
Attachment 5-108
(d)Pre-employment tests for illegal drugs may be administered as part of the A Deleted:X
application process,as set forth in Section J..L~~J.<?YY...//~----------'.A Deleted:V
SECTION 5.-FINDINGS OF MEDICAL EXAMINATION:
m m
//
(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
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.
/{Deleted:~
SECTION 6,,-ABSENCE DUE TO ILLNESS OR INCAPACITY:..__.//
(a)Any employee who returns to work after an absence in excess of three
consecutive work days 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
34
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August 1 201 \..../
Attachment 5-109
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 .A Deleted:VII
under Section Lgft~l~J~l,!l~:j/'-=-===...;;.:.:.......-----~
(b)In addition,any employee who returns to work after an absence in excess
of three consecutive work days 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 days 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 7.-FITN ESS FOR DUTY:nIh~_E~r§.~_I}_I}~LQ_1TI~~r_~_~y_~t?_Q.yJl~_~--··--{\-.D...ce...cletc-ed_:=V=-1I....,......c----~
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
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 §,-QUALIFIED PHYSICIAN~__~IL!!!~9.t~~L~_~~!!!lD_~_~2!!~__r~_q~Jr~5L_mm_-_-.-.{\-.D_e_let_ed_:=V=III ---I
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 9..-CITY FINANCIAL RESPONSIBILlTY~_J.~_~_Qi.ty_§.~_~JLp.9.Y.f2r3!!!Y__.__.--·---{~D_el_eted--=:L=.X ...1
medical examination required under the provisions of this Rule.
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August ,201 \m_.:'
35
SECTION 10.-CONFIDENTIALlTY:mt0~2ll?_~!.!D_~~!..r:D~~12D __~llU;>~_~~pLm m .--··--{~D_el_et_ed_:=~___...I
confidential,on separate forms and in separate locked medical files,and shall be
Attachment 5-110
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 11.-PRE-EMPLOYMENT DRUG TESTING~I~_~__9.ltyj§i__<?2r!!rIIJ_tt_~~J2_._-.--·-{,-D_el_et_ed--,:X=I -'
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-hiresJ'!\.ID!..~~..r:~_ql,llr~~J2.~_l,l!?r!!lU9_.Pr_~~m.m ------{...:cD...:cel...:cet:....ed_:_sh_al_1 ~
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 12.-NONDISCRIMINATION:__~!LQJ_~~!9..~J.~~~.r:D1D~!l9n~_~~.~j!'~~m ------{'-D_e_let_ed_:-=X=-II ~
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 14,-NONEXCLUSIVITY:__Ihl~J~l:IJ~J~~_~JLnQtp..r:~g!~~_~J.~~_g.i~.fr2rI1 ------{"-'-D...:cel.;;.::.et_ed-=:x=II:-1 -..J
requiring medical examinations under circumstances otherwise permitted or authorized
under federal or state law.
36
/A Deleted:May 1,2007
Management Employee Personnel Rules ./
Last Amended on August ,201 \/
Attachment 5-111
RULE XIII
DRUG AND ALCOHOL POLICY
(ADOPTED 08//11 )
..-._n __{Formatted:Centered
SECTION 1 -PURPOSE AND APPLICATION:The City is committed to ..-n._..{Formatted:Indent:First line:0.5"
providing a workplace that is free from the effects of drug and alcohol abuse.Drug and
alcohol abuse has been found to be a contributing factor to absenteeism.tardiness.
substandard performance.increased potential for accidents.disruptive behavior.
increased workload!or co-workersJ .l?0or morale and imQaired eublic rel~tions.To ·{Formatted:Underline
further its interests in service to the community.avoiding accidents.promoting and
maintaining a safe and productive workplace and protecting City property,equipment
and operations.the City has adopted this policy.This policy is intended to apply to all
employees.regardless of appointment type or time basis.including.without limitation.
full-time.part-time,temporary.emergency.competitive service.management and
probationary employees.The provisions of this policy are in addition to any policies or
procedures involving the same or similar matter.such as any procedures regarding
pre-employment drug testing.
SECTION 2 -GENERAL POLICY:.....-••-.-{Formatted:Indent:First line:0.5"
(a)No .emQlo¥ee while on du~~reeorting for duty or on standby for dut)!..-..-.-.Formatted:Indent:First line:0.5"
----------.......Formatted:Underline
(1)Use.possess or be under the influence of illegal or unauthorized ..-n ..._{Formatted:Indent:First line:1"
(2)Use or be under the influence of alcohol to any extent that would ......----{Formatted:Indent:First line:1"
impede the employee's ability to perform his or her duties safely and effectively;or
(3)Have a measurable amount of any illegal or unauthorized drug ....._.n._{Formatted:Indent:First line:1"
(including metabolites)or alcohol in his or her body.as determined by a drug and
alcohol test and subject to minimum cut-off values for testing.
(b)An employee must notify his/her supervisor or th~before beginning mmn:.------
~orkl when taking an¥medications or drugs.12rescrie,tion or non12rescrie,tionl which n_n .•·····
may interfere with the safe and effective performance of duties or operation of City ....
equipment.
Formatted:Indent:First line:0.5"
Deleted:
Formatted:Underline
(c)No employee shall perform duties which the employee cannot perform Formatted:Indent:First line:0.5"
without posing a .threat to the health or safe!¥of the emQloyee or others because ofm ....···Formatted:Underline
drugs taken under a legal prescription or otherwise authorized.
37
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \m_/
Attachment 5-112
Formatted:Indent:First line:0.5"
Formatted:Underline
Formatted:Indent:First line:OS'
Formatted:Underline
(d)Employees shall be subject to drug and alcohol testing ("substance ....------{Formatted:Indent:First line:OS'
testing")when there is a reasonable suspicion the employee has violated sub-section
(a),above.In addition,an employee who has already been found in violation of sub-
section (a),§bove~through an adverse emQlo,:£ment action (as aQQlicable}l medical
m
__------{Formatted:Underline
examination,testing procedures or the employee's own admission,may be required to
submit to periodic substance testing for a period of one year,as a condition of
remaining in employment.
SECTION 3 -SEASONABLE SUSPICION:__m mm m__m mm_m mm:':~~~~::
(a)Reasonable suspicion is the good faith belief based on specific ...------
articulable facts or evidence andl,easonable inferences drawn from such facts and
m
_
m
_
evidence that an employee may have violated this policy and that substance testing
may reveal evidence related to that violation.
(b)Facts or evidence supporting reasonable suspicion may include,but are ....n____Formatted:Indent:First line:0.5"
not limited to,an .ellll2lo,:£ee's mannerA disQosition l muscular movementA aQQearance Lm __------Formatted:Underline
unusual behavior,speech,or breath odor;information provided by an employee,law
enforcement official or other person believed to be reliable;or other surrounding
circumstances.
(c)Where the initial reasonable suspicion determination is based on ...n
m
_{Formatted:Indent:First line:0.5"1
observed behavior and it is practical to do so,the employee may be asked about the
observed behavior and given an opportunity to provide a reasonable explanation.
(d)For purposes of substance testing,reasonable suspicion will only exist ....------{Formatted:Indent:First line:0.5"
after the Personnel Officer,Deputy City Manager,City Manager or designate of the
City Manager have reviewed the facts,evidence and circumstances in a Qarticular case __------{Formatted:Underline
and concur in the finding of reasonable suspicion.In the event the Personnel Officer,
Deputy City Manager,City Manager or designate of the City Manager are unavailable,
a supervisor or manager who is at least one level of supervision above a supervisor or
manager making the initial reasonable suspicion determination may make the review
and determination under this paragraph.
(e)Following .concurrence1 as Qrovided above,the factsA evidence andm :':------Formatted:Indent:First line:0.5"
circumstances on which the reasonable suspicion is based will be summarized in -----,Formatted:Underline
writing.
SECTION 4 -SUBSTANCE TESTING:....,""---Formatted:UnderlineInnnn-'",~==;;;;.,,;,==~~~.....;
Formatted:Indent:First line:0.5"
(a)Where reasonable suspicion exists,as defined in this policy,the involved ....------Formatted:Indent:First line:0.5"
employee may be requested to take a substance test in accordance with the
procedures in this ,Qolic~.If the emQlox:ee refuses to cooQerate with the administration m_------{Formatted:Underline
of the test.the refusal will be considered a positive test result.A refusal to cooperate
includes,but is not limited to,refusing to appear for a test;unreasonably failing to
38
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 \/
Attachment 5-113
submit a sample for testing;tampering with,substituting,adulterating,masking or
water-loading a sample;or obstructing or not fully cooperating with testing procedures.
(b)The employee will be referred to an independent,Substance Abuse & {Formatted:Indent:First line:0.5"
Mental Health Services Administration (SAMHSA)-certified medical clinic or laboratory,
which will administer the substance test.The employee will have the opportunitv to
alert the clinic or laboratory personnel to any prescription or non-prescription drugs that
the employee has taken that may affect the outcome of the test.
(c)Drug testing will be by a process at least as accurate and valid as ...---.-.Formatted:Indent:First line:0.5"
urinalysis using an lmmunoassa~screening test.with the ~ositive test results .m._••mmm•••••••Formatted:Underline
confirmed using gas chromatography/mass spectrometry before a sample is
considered positive.
(d)Alcohol testing will be by a process at least as accurate and valid as {Formatted:Indent:First line:0.5"
urinalysis using an enzymatic assay screening test with all positive screening results
being confirmed by using gas chromatography before a sample is considered positive
or breath sample testing using breath alcohol analyzing instruments which meet
California Department of Health Services standards (such as 17 CCR 1221.2,1221.3).
(e)Substances to be tested for may include:amphetamines and .........{Formatted:Indent:First line:0.5"
methamphetamines,cocaine,mariiuana/cannabinoids (THC),opiates (narcotics),
phencyclidine (PCP),barbiturates,benzodiazepines,methaqualone and alcohol.Other
controlled substances may be added to the list where their use is reasonably
suspected and items may be dropped from the list.where appropriate.
(f)Cut-off levels may be established by the Citv after consultation with {Formatted:Indent:First line:0.5"
expert staff of the laboratories or other qualified personnel.Cut-off levels will be set to
identify positive test.sameles while reasonably minimizing false ~ositive test results ..mm••••···{Formatted:Underline
The designated levels may change over time based on changes in technology,testing
experience or other factors.
(C1)In the event cut-off levels are not established prior to any test.the Citv .......m{Formatted:Indent:First line:0.5"
will use cut-off levels established in the SAMHSA Mandatory Guidelines for Federal
Drug Testing Programs An~other ~rovision of this ~olicy notwithstanding,the cut-off _Formatted:Underline
level established for a 120sitive alcohol test (both initial and confirmation)will not be less Formatted:Underline
than 0.02 percent (0.02 gm/21 0 liters of breath or 0.02 gm/deciliter of blood or 0.02
mg/ml of urine).
(h)Test samples will be collected in a clinical setting using procedures .....m.{Formatted:Indent:First line:0.5")
designed to assure that true samples are obtained.Chain of custody procedures will
be followed through the testing process,to its final disposition.
(j)The cost of reasonable suspicion testing under this policy will be paid by ......····Formatted:Indent:First line:0.5"
the Citv.•Transeortation will either be I2rovided or ~aid for b~the CiDL mm mm••••••••Formatted:Underline
39
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 'k .....:'
Attachment 5-114
(j)Pending test results,an employee may either be temporarily reassigned ......n..Formatted:Indent:First line:0.5"
or placed on .administrative leave.mnmm••••••••nmmm mm..m •••••m.m.mn m.m•••••••Formatted:Underline
SECTION 5 -MEDICAL REVIEW OFFICER:....n ••__{Formatted:Indent:First line:0.5"
(a)A medical review officer (MRO),who is a California licensed physician Formatted:Indent:First line:0.5"
with the appropriate medical training to interr2ret and evaluate a confirmed eositive test.._......Formatted:Underline
result,will be used in the testing process.For confirmed positive results,the MRO will:
(1)Review the results and determine if the applicable standards and ....-..---{Formatted:Indent:First line:1"
procedures have been followed.
(2)Advise the employee of the results and provide the employee with ......--.-{Formatted:Indent:First line:1"
an opportunity to discuss and explain the results,including the opportunity to provide
the MRO with information regarding any medication which may have affected the
results of the test.
(3)Consider any assertions by the affected employee of irregularities --.---.{Formatted:Indent:Firstline:1"
in the sample collection and testing process.
(4)Based on the above,provide a written explanation of the test
results to the City.
....._n ..{Formatted:Indent:First line:1"
(b)An MRO ma't,rer20rt a eositive test result to the Cih!without discussion m.~n.-.-Formatted:Indent:First line:0.5"
with the involved employee if:Formatted:Underline
(1)The employee has expressly declined the opportunity to discuss _..n ••{Formatted:Indent:First line:1"
the test results with the MRO.
(2)Documented contact has been made with the employee who has ......__n{Formatted:Indent:First line:1"
been instructed to contact the MRO within 72 hours and more than 72 hours have
passed since that time.
(3)Neither the City nor the MRO,after making and documenting ....-.---.{Formatted:Indent:First line:1"
reasonable attempts to contact the employee,have been able to contact the employee
within seven (7)days of the date on which the MRO receives the test results from the
laboratorv.
SECTION 6 -CONFIDENTIALITY:All records of the circumstances and results .......---{Formatted:Indent:First line:0.5"
of substance testing under this policy will remain confidential personnel records.
Laboratorv reports and test results will be maintained in a file separate from the
employee's .Rersonnel file.Information ma1'onl¥be released:to the eme,lo)!ee who .m._.....···i Formatted:Underline
was tested or other individuals designated in writing by the employee:to the MRO:to
the extent necessarv to properly supervise or assign the employee;as necessary to
determine what action should be taken in response to the test results;and for use in
40
,:A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August ,201 k.mi
Attachment 5-115
Formatted:Normal,Don't adjust
space between Latin and Asian text,
Don't adjust space between Asian
text and numbers
responding to appeals.litigation or administrative proceedings arising from or related to
the test or related actions.
SECTION 7 -QUESTIONS:Any matter not specifically addressed in these procedures..-.
may be handled in accord with the established procedures of the medical facility
performing the substance test or the SAMHSA Mandatory Guidelines for Federal Drug
Testing Programs or as otherwise reasonably determined by the City.Questions
regarding this policy should be directed to the Personnel Officer.•..m.m•••__m ••m.m••••••••···{'-~_e_let_ed_:_"lI ...>
41
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 k.m/
Attachment 5-116
TABLE 1
MANAGEMENT EMPLOYEES
(ADOPTED 05/01/07,AMENDED 08//11)
J?_E:l'p~~y-_g!!y"_tY.1_~!!~9.~~m m_------{Deleted:Assistant City Manage~
BUilding Official
City Clerk
Deputy Director of Finance and Information Technology
Deputy Director of Public Works
Deputy Planning Director
Director of Administrative Services
Director of Finance and Information Technology
Director of Planning,Building and Code Enforcement
Director of Public Works
Director of Recreation and Parks
Any other position designated as "management"in any job description
duly adopted by the City Council from time to time.
42
/A Deleted:May 1,2007
Management Employee Personnel Rules ,/
Last Amended on August .201 \./
Attachment 5-117